Senate Bill sb1106c1

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    Florida Senate - 2002                           CS for SB 1106

    By the Committee on Finance and Taxation; and Senator Pruitt





    314-1737A-02

  1                      A bill to be entitled

  2         An act relating to taxation; amending s.

  3         212.02, F.S.; defining terms applicable to the

  4         taxation of sales, use, and other transactions;

  5         amending s. 212.03, F.S.; prescribing the rates

  6         of taxation for transient rentals; amending s.

  7         212.031, F.S.; revising rates and exemptions

  8         applicable to the taxation of the lease or

  9         rental of or license in real property; amending

10         s. 212.04, F.S.; revising provisions governing

11         the admissions tax; amending s. 212.05, F.S.;

12         revising rates and exemptions applicable to the

13         tax on sales, storage, and use; creating s.

14         212.0502, F.S.; providing for the taxation of

15         construction services; amending s. 121.0506,

16         F.S.; revising provisions governing the

17         taxation of service warranties; reenacting s.

18         212.051, F.S., which makes certain sales or use

19         involving equipment, machinery, and other

20         equipment for pollution control not subject to

21         the sales or use tax; reenacting s. 212.052,

22         F.S., which provides tax exemptions for

23         research or development costs; reenacting s.

24         212.0598, F.S., relating to special provisions

25         for air carriers; amending s. 212.06, F.S.;

26         revising rates and exemptions applicable to the

27         tax on sales, storage, or use; reenacting s.

28         212.0601, F.S., relating to use taxes of motor

29         vehicle dealers; reenacting s. 212.0602, F.S.,

30         which provides a limited exemption to

31         facilitate investment in education and job

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    Florida Senate - 2002                           CS for SB 1106
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  1         training; amending s. 212.07, F.S.; revising

  2         provisions governing the collection and

  3         administration of the tax on sales, use, and

  4         other transactions; amending s. 212.08, F.S.;

  5         revising or eliminating specified exemptions

  6         for the tax on sales, use, and other

  7         transactions; creating s. 212.0801, F.S.;

  8         prescribing exemptions with respect to the

  9         sales or use of services; reenacting s.

10         212.0821, F.S., relating to the use of

11         governmental entities' sales tax exemption

12         certificates for purchases on behalf of

13         specified groups; reenacting s. 212.09, F.S.,

14         relating to deduction from the sales price of

15         credit for articles taken in trade; reenacting

16         s. 376.75(1), F.S., which prescribes the rate

17         of taxation for specified transactions

18         involving certain solvents used by drycleaning

19         facilities; providing legislative intent;

20         providing a contingent effective date.

21

22  Be It Enacted by the Legislature of the State of Florida:

23

24         Section 1.  Effective July 1, 2004, section 212.02,

25  Florida Statutes, is amended to read:

26         212.02  Definitions.--The following terms and phrases

27  when used in this chapter have the meanings ascribed to them

28  in this section, except where the context clearly indicates a

29  different meaning:

30         (1)  The term "admissions" means and includes the net

31  sum of money after deduction of any federal taxes for

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    Florida Senate - 2002                           CS for SB 1106
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  1  admitting a person or vehicle or persons to any place of

  2  amusement, sport, or recreation or for the privilege of

  3  entering or staying in any place of amusement, sport, or

  4  recreation, including, but not limited to, theaters, outdoor

  5  theaters, shows, exhibitions, games, races, or any place where

  6  charge is made by way of sale of tickets, gate charges, seat

  7  charges, box charges, season pass charges, cover charges,

  8  greens fees, participation fees, entrance fees, or other fees

  9  or receipts of anything of value measured on an admission or

10  entrance or length of stay or seat box accommodations in any

11  place where there is any exhibition, amusement, sport, or

12  recreation, and all dues and fees paid to private clubs and

13  membership clubs providing recreational or physical fitness

14  facilities, including, but not limited to, golf, tennis,

15  swimming, yachting, boating, athletic, exercise, and fitness

16  facilities, except physical fitness facilities owned or

17  operated by any hospital licensed under chapter 395.

18         (2)  "Affiliated group" means:  an affiliated group of

19  corporations, as defined in s. 1504(a) of the Internal Revenue

20  Code, whose members are includable under s. 1504(b), (c) or

21  (d) of the Internal Revenue Code and are eligible to file a

22  consolidated tax return for Federal corporate income tax

23  purposes, or mutual insurance companies which are members of

24  one insurance holding company system subject to s. 628.801;

25  however, s. 1504(b)(2) does not apply to this definition.

26  However, the taxpayer may elect, pursuant to rules of the

27  department governing the procedure for making or amending such

28  election, to define its affiliated group in a manner that

29  excludes any member who has no tax nexus in this state and any

30  member whose business activities are unrelated to the business

31  activities of other members of the group. However, a parent

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    Florida Senate - 2002                           CS for SB 1106
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  1  corporation of an included member may not be excluded from the

  2  affiliated group.

  3         (3)(2)  "Business" means any activity engaged in by any

  4  person, or caused to be engaged in by him or her, with the

  5  object of private or public gain, benefit, or advantage,

  6  either direct or indirect.  Except for the sales of any

  7  aircraft, boat, mobile home, or motor vehicle, the term

  8  "business" shall not be construed in this chapter to include

  9  occasional or isolated sales or transactions involving

10  tangible personal property or services by a person who does

11  not hold himself or herself out as engaged in business, but

12  includes other charges for the sale or rental of tangible

13  personal property, sales of services taxable under this

14  chapter, sales of or charges of admission, communication

15  services, all rentals and leases of living quarters, other

16  than low-rent housing operated under chapter 421, sleeping or

17  housekeeping accommodations in hotels, apartment houses,

18  roominghouses, tourist or trailer camps, and all rentals of or

19  licenses in real property, other than low-rent housing

20  operated under chapter 421, all leases or rentals of or

21  licenses in parking lots or garages for motor vehicles,

22  docking or storage spaces for boats in boat docks or marinas

23  as defined in this chapter and made subject to a tax imposed

24  by this chapter.  The term "business" shall not be construed

25  in this chapter to include the leasing, subleasing, or

26  licensing of real property by one corporation to another if

27  all of the stock of both such corporations is owned, directly

28  or through one or more wholly owned subsidiaries, by a common

29  parent corporation; the property was in use prior to July 1,

30  1989, title to the property was transferred after July 1,

31  1988, and before July 1, 1989, between members of an

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    Florida Senate - 2002                           CS for SB 1106
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  1  affiliated group, as defined in s. 1504(a) of the Internal

  2  Revenue Code of 1986, which group included both such

  3  corporations and there is no substantial change in the use of

  4  the property following the transfer of title; the leasing,

  5  subleasing, or licensing of the property was required by an

  6  unrelated lender as a condition of providing financing to one

  7  or more members of the affiliated group; and the corporation

  8  to which the property is leased, subleased, or licensed had

  9  sales subject to the tax imposed by this chapter of not less

10  than $667 million during the most recent 12-month period ended

11  June 30. Any tax on such sales, charges, rentals, admissions,

12  or other transactions made subject to the tax imposed by this

13  chapter shall be collected by the state, county, municipality,

14  any political subdivision, agency, bureau, or department, or

15  other state or local governmental instrumentality in the same

16  manner as other dealers, unless specifically exempted by this

17  chapter.

18         (4)(3)  The terms "cigarettes," "tobacco," or "tobacco

19  products" referred to in this chapter include all such

20  products as are defined or may be hereafter defined by the

21  laws of the state.

22         (5)(4)  "Cost price" means the actual cost of articles

23  of tangible personal property or services without any

24  deductions therefrom on account of the cost of materials used,

25  labor or service costs, transportation charges, or any

26  expenses whatsoever.

27         (6)(5)  The term "department" means the Department of

28  Revenue.

29         (7)(6)  "Enterprise zone" means an area of the state

30  designated pursuant to s. 290.0065. This subsection shall

31  expire and be void on December 31, 2005.

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    Florida Senate - 2002                           CS for SB 1106
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  1         (8)(7)  "Factory-built building" means a structure

  2  manufactured in a manufacturing facility for installation or

  3  erection as a finished building; "factory-built building"

  4  includes, but is not limited to, residential, commercial,

  5  institutional, storage, and industrial structures.

  6         (9)(8)  "In this state" or "in the state" means within

  7  the state boundaries of Florida as defined in s. 1, Art. II of

  8  the State Constitution and includes all territory within these

  9  limits owned by or ceded to the United States.

10         (10)(9)  The term "intoxicating beverages" or

11  "alcoholic beverages" referred to in this chapter includes all

12  such beverages as are so defined or may be hereafter defined

13  by the laws of the state.

14         (11)(10)  "Lease," "let," or "rental" means leasing or

15  renting of living quarters or sleeping or housekeeping

16  accommodations in hotels, apartment houses, roominghouses,

17  tourist or trailer camps and real property, the same being

18  defined as follows:

19         (a)  Every building or other structure kept, used,

20  maintained, or advertised as, or held out to the public to be,

21  a place where sleeping accommodations are supplied for pay to

22  transient or permanent guests or tenants, in which 10 or more

23  rooms are furnished for the accommodation of such guests, and

24  having one or more dining rooms or cafes where meals or

25  lunches are served to such transient or permanent guests; such

26  sleeping accommodations and dining rooms or cafes being

27  conducted in the same building or buildings in connection

28  therewith, shall, for the purpose of this chapter, be deemed a

29  hotel.

30         (b)  Any building, or part thereof, where separate

31  accommodations for two or more families living independently

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    Florida Senate - 2002                           CS for SB 1106
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  1  of each other are supplied to transient or permanent guests or

  2  tenants shall for the purpose of this chapter be deemed an

  3  apartment house.

  4         (c)  Every house, boat, vehicle, motor court, trailer

  5  court, or other structure or any place or location kept, used,

  6  maintained, or advertised as, or held out to the public to be,

  7  a place where living quarters or sleeping or housekeeping

  8  accommodations are supplied for pay to transient or permanent

  9  guests or tenants, whether in one or adjoining buildings,

10  shall for the purpose of this chapter be deemed a

11  roominghouse.

12         (d)  In all hotels, apartment houses, and roominghouses

13  within the meaning of this chapter, the parlor, dining room,

14  sleeping porches, kitchen, office, and sample rooms shall be

15  construed to mean "rooms."

16         (e)  A "tourist camp" is a place where two or more

17  tents, tent houses, or camp cottages are located and offered

18  by a person or municipality for sleeping or eating

19  accommodations, most generally to the transient public for

20  either a direct money consideration or an indirect benefit to

21  the lessor or owner in connection with a related business.

22         (f)  A "trailer camp," "mobile home park," or

23  "recreational vehicle park" is a place where space is offered,

24  with or without service facilities, by any persons or

25  municipality to the public for the parking and accommodation

26  of two or more automobile trailers, mobile homes, or

27  recreational vehicles which are used for lodging, for either a

28  direct money consideration or an indirect benefit to the

29  lessor or owner in connection with a related business, such

30  space being hereby defined as living quarters, and the rental

31

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    Florida Senate - 2002                           CS for SB 1106
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  1  price thereof shall include all service charges paid to the

  2  lessor.

  3         (g)  "Lease," "let," or "rental" also means the leasing

  4  or rental of tangible personal property and the possession or

  5  use thereof by the lessee or rentee for a consideration,

  6  without transfer of the title of such property, except as

  7  expressly provided to the contrary herein.  The term "lease,"

  8  "let," or "rental" does not mean hourly, daily, or mileage

  9  charges, to the extent that such charges are subject to the

10  jurisdiction of the United States Interstate Commerce

11  Commission, when such charges are paid by reason of the

12  presence of railroad cars owned by another on the tracks of

13  the taxpayer, or charges made pursuant to car service

14  agreements. However, where two taxpayers, in connection with

15  the interchange of facilities, rent or lease property, each to

16  the other, for use in providing or furnishing any of the

17  services mentioned in s. 166.231, the term "lease or rental"

18  means only the net amount of rental involved.

19         (h)  "Real property" means the surface land,

20  improvements thereto, and fixtures, and is synonymous with

21  "realty" and "real estate."

22         (i)  "License," as used in this chapter with reference

23  to the use of real property, means the granting of a privilege

24  to use or occupy a building or a parcel of real property for

25  any purpose.

26         (j)  Privilege, franchise, or concession fees, or fees

27  for a license to do business, paid to an airport are not

28  payments for leasing, letting, renting, or granting a license

29  for the use of real property.

30

31

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    Florida Senate - 2002                           CS for SB 1106
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  1         (12)(11)  "Motor fuel" means and includes what is

  2  commonly known and sold as gasoline and fuels containing a

  3  mixture of gasoline and other products.

  4         (13)(12)  "Person" includes any individual, firm,

  5  copartnership, joint adventure, association, corporation,

  6  estate, trust, business trust, receiver, syndicate, or other

  7  group or combination acting as a unit and also includes any

  8  political subdivision, municipality, state agency, bureau, or

  9  department and includes the plural as well as the singular

10  number.

11         (14)(13)  "Retailer" means and includes every person

12  engaged in the business of making sales at retail or for

13  distribution, or use, or consumption, or storage to be used or

14  consumed in this state.

15         (15)(14)(a)  "Retail sale" or a "sale at retail" means

16  a sale to a consumer or to any person for any purpose other

17  than for resale in the form of tangible personal property or

18  services taxable under this chapter, and includes all such

19  transactions that may be made in lieu of retail sales or sales

20  at retail. A sale for resale includes a sale of qualifying

21  property. As used in this paragraph, the term "qualifying

22  property" means tangible personal property, other than

23  electricity, which is used or consumed by a government

24  contractor in the performance of a qualifying contract as

25  defined in s. 212.08(17)(c), to the extent that the cost of

26  the property is allocated or charged as a direct item of cost

27  to such contract, title to which property vests in or passes

28  to the government under the contract. The term "government

29  contractor" includes prime contractors and subcontractors. As

30  used in this paragraph, a cost is a "direct item of cost" if

31  it is a "direct cost" as defined in 48 C.F.R. s.

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    Florida Senate - 2002                           CS for SB 1106
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  1  9904.418-30(a)(2), or similar successor provisions, including

  2  costs identified specifically with a particular contract.

  3         (b)  The terms "retail sales," "sales at retail,"

  4  "use," "storage," and "consumption" include the sale, use,

  5  storage, or consumption of all tangible advertising materials

  6  imported or caused to be imported into this state.  Tangible

  7  advertising material includes displays, display containers,

  8  brochures, catalogs, price lists, point-of-sale advertising,

  9  and technical manuals or any tangible personal property which

10  does not accompany the product to the ultimate consumer.

11         (c)  "Retail sales," "sale at retail," "use,"

12  "storage," and "consumption" do not include materials,

13  containers, labels, sacks, bags, or similar items intended to

14  accompany a product sold to a customer without which delivery

15  of the product would be impracticable because of the character

16  of the contents and be used one time only for packaging

17  tangible personal property for sale or for the convenience of

18  the customer or for packaging in the process of providing a

19  service taxable under this chapter. When a separate charge for

20  packaging materials is made, the charge shall be considered

21  part of the sales price or rental charge for purposes of

22  determining the applicability of tax. The terms do not include

23  the sale, use, storage, or consumption of industrial

24  materials, including chemicals and fuels except as provided

25  herein, for future processing, manufacture, or conversion into

26  articles of tangible personal property for resale when such

27  industrial materials, including chemicals and fuels except as

28  provided herein, become a component or ingredient of the

29  finished product. However, the terms include the sale, use,

30  storage, or consumption of tangible personal property,

31  including machinery and equipment or parts thereof, purchased

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    Florida Senate - 2002                           CS for SB 1106
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  1  electricity, and fuels used to power machinery, when such

  2  items are used and dissipated in fabricating, converting, or

  3  processing tangible personal property for sale, even though

  4  they may become ingredients or components of the tangible

  5  personal property for sale through accident, wear, tear,

  6  erosion, corrosion, or similar means.  The terms do not

  7  include the sale of materials to a registered repair facility

  8  for use in repairing a motor vehicle, airplane, or boat, when

  9  such materials are incorporated into and sold as part of the

10  repair.  Such a sale shall be deemed a purchase for resale by

11  the repair facility, even though every material is not

12  separately stated or separately priced on the repair invoice.

13         (d)  "Gross sales" means the sum total of all sales of

14  tangible personal property or services as defined herein,

15  without any deduction whatsoever of any kind or character,

16  except as provided in this chapter.

17         (e)  The term "retail sale" includes a mail order sale,

18  as defined in s. 212.0596(1).

19         (16)(15)  "Sale" means and includes:

20         (a)  Any transfer of title or possession, or both,

21  exchange, barter, license, lease, or rental, conditional or

22  otherwise, in any manner or by any means whatsoever, of

23  tangible personal property for a consideration.

24         (b)  The rental of living quarters or sleeping or

25  housekeeping accommodations in hotels, apartment houses or

26  roominghouses, or tourist or trailer camps, as hereinafter

27  defined in this chapter.

28         (c)  The producing, fabricating, processing, printing,

29  or imprinting of tangible personal property for a

30  consideration for consumers who furnish either directly or

31

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    Florida Senate - 2002                           CS for SB 1106
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  1  indirectly the materials used in the producing, fabricating,

  2  processing, printing, or imprinting.

  3         (d)  The furnishing, preparing, or serving for a

  4  consideration of any tangible personal property for

  5  consumption on or off the premises of the person furnishing,

  6  preparing, or serving such tangible personal property which

  7  includes the sale of meals or prepared food by an employer to

  8  his or her employees.

  9         (e)  A transaction whereby the possession of property

10  is transferred but the seller retains title as security for

11  the payment of the price.

12         (f)  Any transfer, provision, or rendering of services

13  for a consideration.

14         (17)(16)  "Sales price" means the total amount paid for

15  tangible personal property or services, including any services

16  that are a part of the sale and any tangible personal property

17  that is part of the service, valued in money, whether paid in

18  money or otherwise, and includes any amount for which credit

19  is given to the purchaser by the seller, without any deduction

20  therefrom on account of the cost of the property sold, the

21  cost of materials used, labor or service cost, interest

22  charged, losses, or any other expense whatsoever.  "Sales

23  price" also includes the consideration for a transaction which

24  requires both labor and material to alter, remodel, maintain,

25  adjust, or repair tangible personal property. Trade-ins or

26  discounts allowed and taken at the time of sale shall not be

27  included within the purview of this subsection. "Sales price"

28  also includes the full face value of any coupon used by a

29  purchaser to reduce the price paid to a retailer for an item

30  of tangible personal property; where the retailer will be

31  reimbursed for such coupon, in whole or in part, by the

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  1  manufacturer of the item of tangible personal property; or

  2  whenever it is not practicable for the retailer to determine,

  3  at the time of sale, the extent to which reimbursement for the

  4  coupon will be made. The term "sales price" does not include

  5  federal excise taxes imposed upon the retailer on the sale of

  6  tangible personal property. The term "sales price" does

  7  include federal manufacturers' excise taxes, even if the

  8  federal tax is listed as a separate item on the invoice.

  9         (18)  "Service" or "services" means those activities

10  usually provided for consideration by the following

11  establishments listed in the SIC Manual:

12         (a)  Agricultural Services (Major Group Number 07).

13         (b)  Forestry Services (Major Group Number 085).

14         (c)  Metal Mining Services (Group Number 108).

15         (d)  Oil and Gas Field Services (Group Number 138).

16         (e)  Nonmetallic (Nonfuel) Mineral Services (Group

17  Number 148).

18         (f)  Building Construction-General Contractors and

19  Operative Builders (Major Group Number 15).

20         (g)  Heavy Construction other than Building

21  Construction-General Contractors (Major Group Number 16).

22         (h)  Construction-Special Trade Contractors (Major

23  Group Number 17).

24         (i)  Printing, Publishing, and Allied Services (Major

25  Group Number 27).

26         (j)  Coating, Engraving, and Allied Services (Group

27  Number 347).

28         (k)  Railroad Transportation (Major Group Number 40).

29         (l)  Local and Suburban Transit and Interurban Highway

30  Passenger Transportation (Major Group Number 41).

31

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  1         (m)  Motor Freight Transportation and Warehousing

  2  (Major Group Number 42).

  3         (n)  Water Transportation (Major Group Number 44).

  4         (o)  Transportation by Air (Major Group Number 45).

  5         (p)  Pipelines, except Natural Gas (Major Group Number

  6  46).

  7         (q)  Transportation Services (Major Group Number 47).

  8         (r)  Communications (Major Group Number 48).

  9         (s)  Electric, Gas, and Sanitary Services (Major Group

10  Number 49).

11         (t)  Food Brokers (Industry Number 5141).

12         (u)  Depository Institutions (Major Group Number 60).

13         (v)  Nondepository Credit Institutions (Major Group

14  Number 61).

15         (w)  Security and Commodity Brokers, Dealers,

16  Exchanges, and Services (Major Group Number 62).

17         (x) Insurance (Major Group Number 63).

18         (y)  Insurance Agents, Brokers, and Service (Major

19  Group Number 64).

20         (z)  Real Estate (Major Group Number 65).

21         (aa)  Combinations of Real Estate, Insurance, Loans,

22  Law Offices (Major Group Number 66).

23         (bb)  Holding and other Investment Offices (Major Group

24  Number 67).

25         (cc)  Personal Services (Major Group Number 72).

26         (dd)  Business Services (Major Group Number 73).

27         (ee)  Automotive Repair, Services, and Parking (Major

28  Group Number 75).

29         (ff)  Miscellaneous Repair Services (Major Group Number

30  76).

31         (gg)  Motion Pictures (Major Group Number 78).

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  1         (hh)  Amusement and Recreation Services (Major Group

  2  Number 79).

  3         (ii)  Health Services (Major Group Number 80).

  4         (jj)  Legal Services (Major Group Number 81).

  5         (kk)  Educational Services (Major Group Number 82).

  6         (ll)  Social Services (Major Group Number 83).

  7         (mm)  Museums, Art Galleries, Botanical and Zoological

  8  Gardens (Major Group Number 84).

  9         (nn)  Membership Organizations (Major Group Number 86).

10         (oo)  Engineering, Accounting, Research, Management and

11  Related Services (Major Group 87).

12         (pp)  Miscellaneous Services (Major Group Number 89).

13

14  In addition, the terms include the services of any independent

15  broker.

16         (19)  "SIC" means those classifications contained in

17  the Standard Industrial Classification Manual, 1987, as

18  published by the Office of Management and Budget, Executive

19  Office of the President.

20         (20)(17)  "Diesel fuel" means any liquid product, gas

21  product, or combination thereof used in an internal combustion

22  engine or motor to propel any form of vehicle, machine, or

23  mechanical contrivance.  This term includes, but is not

24  limited to, all forms of fuel commonly or commercially known

25  or sold as diesel fuel or kerosene.  However, the term "diesel

26  fuel" does not include butane gas, propane gas, or any other

27  form of liquefied petroleum gas or compressed natural gas.

28         (21)(18)  "Storage" means and includes any keeping or

29  retention in this state of tangible personal property for use

30  or consumption in this state or for any purpose other than

31  sale at retail in the regular course of business.

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  1         (22)(19)  "Tangible personal property" means and

  2  includes personal property which may be seen, weighed,

  3  measured, or touched or is in any manner perceptible to the

  4  senses, including electric power or energy, boats, motor

  5  vehicles and mobile homes as defined in s. 320.01(1) and (2),

  6  aircraft as defined in s. 330.27, and all other types of

  7  vehicles.  The term "tangible personal property" does not

  8  include stocks, bonds, notes, insurance, or other obligations

  9  or securities; or intangibles as defined by the intangible tax

10  law of the state; or pari-mutuel tickets sold or issued under

11  the racing laws of the state.

12         (23)(20)  "Use" means and includes the exercise of any

13  right or power over tangible personal property incident to the

14  ownership thereof, or interest therein, except that it does

15  not include the sale at retail of that property in the regular

16  course of business. "Use" also means the consumption or

17  enjoyment of the benefit of services. The term "use" does not

18  include the loan of an automobile by a motor vehicle dealer to

19  a high school for use in its driver education and safety

20  program. The term "use" does not include a contractor's use of

21  "qualifying property" as defined by paragraph (14)(a).

22         (24)(21)  The term "use tax" referred to in this

23  chapter includes the use, the consumption, the distribution,

24  and the storage as herein defined.

25         (25)(22)  "Spaceport activities" means activities

26  directed or sponsored by the Spaceport Florida Authority on

27  spaceport territory pursuant to its powers and

28  responsibilities under the Spaceport Florida Authority Act.

29         (26)(23)  "Space flight" means any flight designed for

30  suborbital, orbital, or interplanetary travel of a space

31  vehicle, satellite, or station of any kind.

                                  16

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  1         (27)(24)  "Coin-operated amusement machine" means any

  2  machine operated by coin, slug, token, coupon, or similar

  3  device for the purposes of entertainment or amusement.  The

  4  term includes, but is not limited to, coin-operated pinball

  5  machines, music machines, juke boxes, mechanical games, video

  6  games, arcade games, billiard tables, moving picture viewers,

  7  shooting galleries, and all other similar amusement devices.

  8         (28)(25)  "Sea trial" means a voyage for the purpose of

  9  testing repair or modification work, which is in length and

10  scope reasonably necessary to test repairs or modifications,

11  or a voyage for the purpose of ascertaining the seaworthiness

12  of a vessel.  If the sea trial is to test repair or

13  modification work, the owner or repair facility shall certify,

14  in a form required by the department, what repairs have been

15  tested.  The owner and the repair facility may also be

16  required to certify that the length and scope of the voyage

17  were reasonably necessary to test the repairs or

18  modifications.

19         (29)(26)  "Solar energy system" means the equipment and

20  requisite hardware that provide and are used for collecting,

21  transferring, converting, storing, or using incident solar

22  energy for water heating, space heating, cooling, or other

23  applications that would otherwise require the use of a

24  conventional source of energy such as petroleum products,

25  natural gas, manufactured gas, or electricity.

26         (30)(27)  "Agricultural commodity" means horticultural,

27  aquacultural, poultry and farm products, and livestock and

28  livestock products.

29         (31)(28)  "Farmer" means a person who is directly

30  engaged in the business of producing crops, livestock, or

31  other agricultural commodities. The term includes, but is not

                                  17

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  1  limited to, horse breeders, nurserymen, dairy farmers, poultry

  2  farmers, cattle ranchers, apiarists, and persons raising fish.

  3         (32)(29)  "Livestock" includes all animals of the

  4  equine, bovine, or swine class, including goats, sheep, mules,

  5  horses, hogs, cattle, ostriches, and other grazing animals

  6  raised for commercial purposes. The term "livestock" shall

  7  also include fish raised for commercial purposes.

  8         (33)(30)  "Self-propelled farm equipment" means

  9  equipment that contains within itself the means for its own

10  propulsion, including, but not limited to, tractors.

11         (34)(31)  "Power-drawn farm equipment" means equipment

12  that is pulled, dragged, or otherwise attached to

13  self-propelled equipment, including, but not limited to,

14  disks, harrows, hay balers, and mowers.

15         (35)(32)  "Power-driven farm equipment" means moving or

16  stationary equipment that is dependent upon an external power

17  source to perform its function, including, but not limited to,

18  conveyors, augers, feeding systems, and pumps.

19         (36)(33)  "Forest" means the land stocked by trees of

20  any size used in the production of forest products, or

21  formerly having such tree cover, and not currently developed

22  for nonforest use.

23         (37)(34)  "Agricultural production" means the

24  production of plants and animals useful to humans, including

25  the preparation, planting, cultivating, or harvesting of these

26  products or any other practices necessary to accomplish

27  production through the harvest phase, and includes

28  aquaculture, horticulture, floriculture, viticulture,

29  forestry, dairy, livestock, poultry, bees, and any and all

30  forms of farm products and farm production.

31

                                  18

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  1         Section 2.  Effective July 1, 2004, section 212.03,

  2  Florida Statutes, is amended to read:

  3         212.03  Transient rentals tax; rate, procedure,

  4  enforcement, exemptions.--

  5         (1)  It is hereby declared to be the legislative intent

  6  that Every person is exercising a taxable privilege who

  7  engages in the business of renting, leasing, letting, or

  8  granting a license to use any living quarters or sleeping or

  9  housekeeping accommodations in, from, or a part of, or in

10  connection with any hotel, apartment house, roominghouse, or

11  tourist or trailer camp. However, any person who rents,

12  leases, lets, or grants a license to others to use, occupy, or

13  enter upon any living quarters or sleeping or housekeeping

14  accommodations in apartment houses, roominghouses, tourist

15  camps, or trailer camps, and who exclusively enters into a

16  bona fide written agreement for continuous residence for

17  longer than 6 months in duration at such property is not

18  exercising a taxable privilege. For the exercise of such

19  taxable privilege, a tax is hereby levied in an amount equal

20  to 6 percent of and on the total rental charged for such

21  living quarters or sleeping or housekeeping accommodations by

22  the person charging or collecting the rental. Such tax shall

23  apply to hotels, apartment houses, roominghouses, or tourist

24  or trailer camps whether or not there is in connection with

25  any of the same any dining rooms, cafes, or other places where

26  meals or lunches are sold or served to guests.

27         (2)  The tax provided for in this section herein shall

28  be in addition to the total amount of the rental, shall be

29  charged by the lessor or person receiving the rent in and by

30  said rental arrangement to the lessee or person paying the

31  rental, and shall be due and payable at the time of the

                                  19

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  1  receipt of such rental payment by the lessor or person, as

  2  defined in this chapter, who receives the said rental or

  3  payment.  The owner, lessor, or person receiving the rent

  4  shall remit the tax to the department at the times and in the

  5  manner hereinafter provided for dealers to remit taxes under

  6  this chapter.  The same duties imposed by this chapter upon

  7  dealers in tangible personal property respecting the

  8  collection and remission of the tax; the making of returns;

  9  the keeping of books, records, and accounts; and the

10  compliance with the rules and regulations of the department in

11  the administration of this chapter shall apply to and be

12  binding upon all persons who manage or operate hotels,

13  apartment houses, roominghouses, tourist and trailer camps,

14  and the rental of condominium units, and to all persons who

15  collect or receive such rents on behalf of such owner or

16  lessor taxable under this chapter.

17         (3)  When rentals are received by way of property,

18  goods, wares, merchandise, services, or other things of value,

19  the tax shall be at the rate of 6 percent of the value of the

20  property, goods, wares, merchandise, services, or other things

21  of value.

22         (4)  The tax levied by this section shall not apply to,

23  be imposed upon, or collected from any person who shall have

24  entered into a bona fide written lease for longer than 6

25  months in duration for continuous residence at any one hotel,

26  apartment house, roominghouse, tourist or trailer camp, or

27  condominium, or to any person who shall reside continuously

28  longer than 6 months at any one hotel, apartment house,

29  roominghouse, tourist or trailer camp, or condominium and

30  shall have paid the tax levied by this section for 6 months of

31  residence in any one hotel, roominghouse, apartment house,

                                  20

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  1  tourist or trailer camp, or condominium. Notwithstanding other

  2  provisions of this chapter, no tax shall be imposed upon rooms

  3  provided guests when there is no consideration involved

  4  between the guest and the public lodging establishment.

  5  Further, any person who, on the effective date of this act,

  6  has resided continuously for 6 months at any one hotel,

  7  apartment house, roominghouse, tourist or trailer camp, or

  8  condominium, or, if less than 6 months, has paid the tax

  9  imposed herein until he or she shall have resided continuously

10  for 6 months, shall thereafter be exempt, so long as such

11  person shall continuously reside at such location.  The

12  Department of Revenue shall have the power to reform the

13  rental contract for the purposes of this chapter if the rental

14  payments are collected in other than equal daily, weekly, or

15  monthly amounts so as to reflect the actual consideration to

16  be paid in the future for the right of occupancy during the

17  first 6 months.

18         (5)  The tax imposed by this section shall constitute a

19  lien on the property of the lessee or rentee of any sleeping

20  accommodations in the same manner as and shall be collectible

21  as are liens authorized and imposed by ss. 713.68 and 713.69.

22         (6)  It is the legislative intent that Every person is

23  engaging in a taxable privilege who leases or rents parking or

24  storage spaces for motor vehicles in parking lots or garages,

25  who leases or rents docking or storage spaces for boats in

26  boat docks or marinas, or who leases or rents tie-down or

27  storage space for aircraft at airports.  For the exercise of

28  this privilege, a tax is hereby levied at the rate of 4.5 6

29  percent on the total rental charged.

30         (7)(a)  Full-time students enrolled in an institution

31  offering postsecondary education and military personnel

                                  21

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  1  currently on active duty who reside in the facilities

  2  described in subsection (1) shall be exempt from the tax

  3  imposed by this section.  The department shall be empowered to

  4  determine what shall be deemed acceptable proof of full-time

  5  enrollment.  The exemption contained in this subsection shall

  6  apply irrespective of any other provisions of this section.

  7  The tax levied by this section shall not apply to or be

  8  imposed upon or collected on the basis of rentals to any

  9  person who resides in any building or group of buildings

10  intended primarily for lease or rent to persons as their

11  permanent or principal place of residence.

12         (b)  It is the intent of the Legislature that this

13  subsection provide tax relief for persons who rent living

14  accommodations rather than own their homes, while still

15  providing a tax on the rental of lodging facilities that

16  primarily serve transient guests.

17         (c)  The rental of facilities, as defined in s.

18  212.02(10)(f), which are intended primarily for rental as a

19  principal or permanent place of residence is exempt from the

20  tax imposed by this chapter.  The rental of such facilities

21  that primarily serve transient guests is not exempt by this

22  subsection. In the application of this law, or in making any

23  determination against the exemption, the department shall

24  consider the facility as primarily serving transient guests

25  unless the facility owner makes a verified declaration on a

26  form prescribed by the department that more than half of the

27  total rental units available are occupied by tenants who have

28  a continuous residence in excess of 3 months. The owner of a

29  facility declared to be exempt by this paragraph must make a

30  determination of the taxable status of the facility at the end

31  of the owner's accounting year using any consecutive 3-month

                                  22

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  1  period at least one month of which is in the accounting year.

  2  The owner must use a selected consecutive 3-month period

  3  during each annual redetermination. In the event that an

  4  exempt facility no longer qualifies for exemption by this

  5  paragraph, the owner must notify the department on a form

  6  prescribed by the department by the 20th day of the first

  7  month of the owner's next succeeding accounting year that the

  8  facility no longer qualifies for such exemption. The tax

  9  levied by this section shall apply to the rental of facilities

10  that no longer qualify for exemption under this paragraph

11  beginning the first day of the owner's next succeeding

12  accounting year. The provisions of this paragraph do not apply

13  to mobile home lots regulated under chapter 723.

14         (d)  The rental of living accommodations in migrant

15  labor camps is not taxable under this section.  "Migrant labor

16  camps" are defined as one or more buildings or structures,

17  tents, trailers, or vehicles, or any portion thereof, together

18  with the land appertaining thereto, established, operated, or

19  used as living quarters for seasonal, temporary, or migrant

20  workers.

21         Section 3.  Effective July 1, 2004, section 212.031,

22  Florida Statutes, is amended to read:

23         212.031  Lease or rental of or license in real

24  property.--

25         (1)(a)  It is declared to be the legislative intent

26  that Every person is exercising a taxable privilege who

27  engages in the business of renting, leasing, letting, or

28  granting a license for the use of any real property unless

29  such property is:

30         1.  Assessed as agricultural property under s. 193.461.

31         2.  Used exclusively as dwelling units.

                                  23

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  1         3.  Property subject to tax on parking, docking, or

  2  storage spaces under s. 212.03(6).

  3         4.  Recreational property or the common elements of a

  4  condominium when subject to a lease between the developer or

  5  owner thereof and the condominium association in its own right

  6  or as agent for the owners of individual condominium units or

  7  the owners of individual condominium units. However, only the

  8  lease payments on such property shall be exempt from the tax

  9  imposed by this chapter, and any other use made by the owner

10  or the condominium association shall be fully taxable under

11  this chapter.

12         5.  A public or private street or right-of-way and

13  poles, conduits, fixtures, and similar improvements located on

14  such streets or rights-of-way, occupied or used by a utility

15  or provider of communications services, as defined by s.

16  202.11, for utility or communications or television purposes.

17  For purposes of this subparagraph, the term "utility" means

18  any person providing utility services as defined in s.

19  203.012. This exception also applies to property, wherever

20  located, on which the following are placed: towers, antennas,

21  cables, accessory structures, or equipment, not including

22  switching equipment, used in the provision of mobile

23  communications services as defined in s. 202.11. For purposes

24  of this chapter, towers used in the provision of mobile

25  communications services, as defined in s. 202.11, are

26  considered to be fixtures.

27         6.  A public street or road which is used for

28  transportation purposes.

29         7.  Property used at an airport exclusively for the

30  purpose of aircraft landing or aircraft taxiing or property

31  used by an airline for the purpose of loading or unloading

                                  24

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  1  passengers or property onto or from aircraft or for fueling

  2  aircraft.

  3         8.a.  Property used at a port authority, as defined in

  4  s. 315.02(2), exclusively for the purpose of oceangoing

  5  vessels or tugs docking, or such vessels mooring on property

  6  used by a port authority for the purpose of loading or

  7  unloading passengers or cargo onto or from such a vessel, or

  8  property used at a port authority for fueling such vessels, or

  9  to the extent that the amount paid for the use of any property

10  at the port is based on the charge for the amount of tonnage

11  actually imported or exported through the port by a tenant.

12         b.  The amount charged for the use of any property at

13  the port in excess of the amount charged for tonnage actually

14  imported or exported shall remain subject to tax except as

15  provided in sub-subparagraph a.

16         9.  Property used as an integral part of the

17  performance of qualified production services.  As used in this

18  subparagraph, the term "qualified production services" means

19  any activity or service performed directly in connection with

20  the production of a qualified motion picture, as defined in s.

21  212.06(1)(b), and includes:

22         a.  Photography, sound and recording, casting, location

23  managing and scouting, shooting, creation of special and

24  optical effects, animation, adaptation (language, media,

25  electronic, or otherwise), technological modifications,

26  computer graphics, set and stage support (such as

27  electricians, lighting designers and operators, greensmen,

28  prop managers and assistants, and grips), wardrobe (design,

29  preparation, and management), hair and makeup (design,

30  production, and application), performing (such as acting,

31  dancing, and playing), designing and executing stunts,

                                  25

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  1  coaching, consulting, writing, scoring, composing,

  2  choreographing, script supervising, directing, producing,

  3  transmitting dailies, dubbing, mixing, editing, cutting,

  4  looping, printing, processing, duplicating, storing, and

  5  distributing;

  6         b.  The design, planning, engineering, construction,

  7  alteration, repair, and maintenance of real or personal

  8  property including stages, sets, props, models, paintings, and

  9  facilities principally required for the performance of those

10  services listed in sub-subparagraph a.; and

11         c.  Property management services directly related to

12  property used in connection with the services described in

13  sub-subparagraphs a. and b.

14

15  This exemption will inure to the taxpayer upon presentation of

16  the certificate of exemption issued to the taxpayer under the

17  provisions of s. 288.1258.

18         10.  Leased, subleased, licensed, or rented to a person

19  providing food and drink concessionaire services within the

20  premises of a convention hall, exhibition hall, auditorium,

21  stadium, theater, arena, civic center, performing arts center,

22  publicly owned recreational facility, or any business operated

23  under a permit issued pursuant to chapter 550.  A person

24  providing retail concessionaire services involving the sale of

25  food and drink or other tangible personal property within the

26  premises of an airport shall be subject to tax on the rental

27  of real property used for that purpose, but shall not be

28  subject to the tax on any license to use the property.  For

29  purposes of this subparagraph, the term "sale" shall not

30  include the leasing of tangible personal property.

31

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  1         9.11.  Property occupied pursuant to an instrument

  2  calling for payments which the department has declared, in a

  3  Technical Assistance Advisement issued on or before March 15,

  4  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

  5  Florida Administrative Code; provided that this subparagraph

  6  shall only apply to property occupied by the same person

  7  before and after the execution of the subject instrument and

  8  only to those payments made pursuant to such instrument,

  9  exclusive of renewals and extensions thereof occurring after

10  March 15, 1993.

11         10.12.  Property used or occupied predominantly for

12  space flight business purposes. As used in this subparagraph,

13  "space flight business" means the manufacturing, processing,

14  or assembly of a space facility, space propulsion system,

15  space vehicle, satellite, or station of any kind possessing

16  the capacity for space flight, as defined by s. 212.02(23), or

17  components thereof, and also means the following activities

18  supporting space flight: vehicle launch activities, flight

19  operations, ground control or ground support, and all

20  administrative activities directly related thereto. Property

21  shall be deemed to be used or occupied predominantly for space

22  flight business purposes if more than 50 percent of the

23  property, or improvements thereon, is used for one or more

24  space flight business purposes. Possession by a landlord,

25  lessor, or licensor of a signed written statement from the

26  tenant, lessee, or licensee claiming the exemption shall

27  relieve the landlord, lessor, or licensor from the

28  responsibility of collecting the tax, and the department shall

29  look solely to the tenant, lessee, or licensee for recovery of

30  such tax if it determines that the exemption was not

31  applicable.

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  1         (b)  When a lease involves multiple use of real

  2  property wherein a part of the real property is subject to the

  3  tax herein, and a part of the property would be excluded from

  4  the tax under subparagraph (a)1., subparagraph (a)2.,

  5  subparagraph (a)3., or subparagraph (a)5., the department

  6  shall determine, from the lease or license and such other

  7  information as may be available, that portion of the total

  8  rental charge which is exempt from the tax imposed by this

  9  section. The portion of the premises leased or rented by a

10  for-profit entity providing a residential facility for the

11  aged will be exempt on the basis of a pro rata portion

12  calculated by combining the square footage of the areas used

13  for residential units by the aged and for the care of such

14  residents and dividing the resultant sum by the total square

15  footage of the rented premises. For purposes of this section,

16  the term "residential facility for the aged" means a facility

17  that is licensed or certified in whole or in part under

18  chapter 400 or chapter 651; or that provides residences to the

19  elderly and is financed by a mortgage or loan made or insured

20  by the United States Department of Housing and Urban

21  Development under s. 202, s. 202 with a s. 8 subsidy, s.

22  221(d)(3) or (4), s. 232, or s. 236 of the National Housing

23  Act; or other such similar facility that provides residences

24  primarily for the elderly.

25         (c)  For the exercise of such privilege, a tax is

26  levied in an amount equal to 4.5 6 percent of and on the total

27  rent or license fee charged for such real property by the

28  person charging or collecting the rental or license fee. The

29  total rent or license fee charged for such real property shall

30  include payments for the granting of a privilege to use or

31  occupy real property for any purpose and shall include base

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  1  rent, percentage rents, or similar charges. Such charges shall

  2  be included in the total rent or license fee subject to tax

  3  under this section whether or not they can be attributed to

  4  the ability of the lessor's or licensor's property as used or

  5  operated to attract customers. Payments for intrinsically

  6  valuable personal property such as franchises, trademarks,

  7  service marks, logos, or patents are not subject to tax under

  8  this section.  In the case of a contractual arrangement that

  9  provides for both payments taxable as total rent or license

10  fee and payments not subject to tax, the tax shall be based on

11  a reasonable allocation of such payments and shall not apply

12  to that portion which is for the nontaxable payments.

13         (d)  When the rental or license fee of any such real

14  property is paid by way of property, goods, wares,

15  merchandise, services, or other thing of value, the tax shall

16  be at the rate of 4.5 6 percent of the value of the property,

17  goods, wares, merchandise, services, or other thing of value.

18         (2)(a)  The tenant or person actually occupying, using,

19  or entitled to the use of any property from which the rental

20  or license fee is subject to taxation under this section shall

21  pay the tax to his or her immediate landlord or other person

22  granting the right to such tenant or person to occupy or use

23  such real property.

24         (b)  It is the further intent of this Legislature that

25  only one tax be collected on the rental or license fee payable

26  for the occupancy or use of any such property, that the tax so

27  collected shall not be pyramided by a progression of

28  transactions, and that the amount of the tax due the state

29  shall not be decreased by any such progression of

30  transactions.

31

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  1         (3)  The tax imposed by this section shall be in

  2  addition to the total amount of the rental or license fee,

  3  shall be charged by the lessor or person receiving the rent or

  4  payment in and by a rental or license fee arrangement with the

  5  lessee or person paying the rental or license fee, and shall

  6  be due and payable at the time of the receipt of such rental

  7  or license fee payment by the lessor or other person who

  8  receives the rental or payment. The owner, lessor, or person

  9  receiving the rent or license fee shall remit the tax to the

10  department at the times and in the manner hereinafter provided

11  for dealers to remit taxes under this chapter.  The same

12  duties imposed by this chapter upon dealers in tangible

13  personal property respecting the collection and remission of

14  the tax; the making of returns; the keeping of books, records,

15  and accounts; and the compliance with the rules and

16  regulations of the department in the administration of this

17  chapter shall apply to and be binding upon all persons who

18  manage any leases or operate real property, hotels, apartment

19  houses, roominghouses, or tourist and trailer camps and all

20  persons who collect or receive rents or license fees taxable

21  under this chapter on behalf of owners or lessors.

22         (4)  The tax imposed by this section shall constitute a

23  lien on the property of the lessee or licensee of any real

24  estate in the same manner as, and shall be collectible as are,

25  liens authorized and imposed by ss. 713.68 and 713.69.

26         (5)  When space is subleased to a convention or

27  industry trade show in a convention hall, exhibition hall, or

28  auditorium, whether publicly or privately owned, the sponsor

29  who holds the prime lease is subject to tax on the prime lease

30  and the sublease is exempt.

31

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  1         (5)(6)  The lease or rental of land or a hall or other

  2  facilities by a fair association subject to the provisions of

  3  chapter 616 to a show promoter or prime operator of a carnival

  4  or midway attraction is exempt from the tax imposed by this

  5  section; however, the sublease of land or a hall or other

  6  facilities by the show promoter or prime operator is not

  7  exempt from the provisions of this section.

  8         (6)(7)  Utility charges subject to sales tax which are

  9  paid by a tenant to the lessor and which are part of a payment

10  for the privilege or right to use or occupy real property are

11  exempt from tax if the lessor has paid sales tax on the

12  purchase of such utilities and the charges billed by the

13  lessor to the tenant are separately stated and at the same or

14  a lower price than those paid by the lessor.

15         (8)  Charges by lessors to a lessee to cancel or

16  terminate a lease agreement are presumed taxable if the lessor

17  records such charges as rental income in its books and

18  records. This presumption can be overcome by the provision of

19  sufficient documentation by either the lessor or the lessee

20  that such charges were other than for the rental of real

21  property.

22         (9)  The rental, lease, sublease, or license for the

23  use of a skybox, luxury box, or other box seats for use during

24  a high school or college football game is exempt from the tax

25  imposed by this section when the charge for such rental,

26  lease, sublease, or license is imposed by a nonprofit

27  sponsoring organization which is qualified as nonprofit

28  pursuant to s. 501(c)(3) of the Internal Revenue Code.

29         (10)  Separately stated charges imposed by a convention

30  hall, exhibition hall, auditorium, stadium, theater, arena,

31  civic center, performing arts center, or publicly owned

                                  31

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  1  recreational facility upon a lessee or licensee for food,

  2  drink, or services required or available in connection with a

  3  lease or license to use real property, including charges for

  4  laborers, stagehands, ticket takers, event staff, security

  5  personnel, cleaning staff, and other event-related personnel,

  6  advertising, and credit card processing, are exempt from the

  7  tax imposed by this section.

  8         Section 4.  Effective July 1, 2004, section 212.04,

  9  Florida Statutes, is amended to read:

10         212.04  Admissions tax; rate, procedure, enforcement.--

11         (1)(a)  It is hereby declared to be the legislative

12  intent that Every person is exercising a taxable privilege who

13  sells or receives anything of value by way of admissions.

14         (b)  For the exercise of such privilege, a tax is

15  levied at the rate of 6 percent of sales price, or the actual

16  value received from such admissions, which 6 percent shall be

17  added to and collected with all such admissions from the

18  purchaser thereof, and such tax shall be paid for the exercise

19  of the privilege as defined in the preceding paragraph.  Each

20  ticket must show on its face the actual sales price of the

21  admission, or each dealer selling the admission must

22  prominently display at the box office or other place where the

23  admission charge is made a notice disclosing the price of the

24  admission, and the tax shall be computed and collected on the

25  basis of the actual price of the admission charged by the

26  dealer.  The sale price or actual value of admission shall,

27  for the purpose of this chapter, be that price remaining after

28  deduction of federal taxes, if any, imposed upon such

29  admission, and the rate of tax on each admission shall be

30  according to the brackets established by s. 212.12(9).

31

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  1         (c)  The provisions of this chapter that authorize a

  2  tax-exempt sale for resale do not apply to sales of

  3  admissions. However, if a purchaser of an admission

  4  subsequently resells the admission for more than the amount

  5  paid, the purchaser shall collect tax on the full sales price

  6  and may take credit for the amount of tax previously paid.  If

  7  the purchaser of the admission subsequently resells it for an

  8  amount equal to or less than the amount paid, the purchaser

  9  shall not collect any additional tax, nor shall the purchaser

10  be allowed to take credit for the amount of tax previously

11  paid.

12         (d)  No additional tax is due on components

13  incorporated as part of a package sold by a travel agent if

14  the package includes two or more components such as

15  admissions, transient rentals, transportation, or meals; if

16  all of the components were purchased by the travel agent from

17  other parties and any sales tax due on such purchases was

18  paid; and if there is no separate itemization of the

19  admission, transient rental, transportation, meal, or other

20  components in the sales price of the package.  This paragraph

21  does not apply if the actual price charged for a component by

22  the dealer to a travel agent is less than the price charged to

23  unrelated parties under normal industry practices and the

24  dealer and the travel agent are members of the same controlled

25  group of corporations for federal income tax purposes.

26         (2)(a)1.  No tax shall be levied on admissions to

27  athletic or other events sponsored by elementary schools,

28  junior high schools, middle schools, high schools, community

29  colleges, public or private colleges and universities, deaf

30  and blind schools, facilities of the youth services programs

31  of the Department of Children and Family Services, and state

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  1  correctional institutions when only student, faculty, or

  2  inmate talent is used. However, this exemption shall not apply

  3  to admission to athletic events sponsored by an institution

  4  within the State University System, and the proceeds of the

  5  tax collected on such admissions shall be retained and used by

  6  each institution to support women's athletics as provided in

  7  s. 240.533(3)(c).

  8         2.  No tax shall be levied on dues, membership fees,

  9  and admission charges imposed by not-for-profit sponsoring

10  organizations. To receive this exemption, the sponsoring

11  organization must qualify as a not-for-profit entity under the

12  provisions of s. 501(c)(3) of the Internal Revenue Code of

13  1954, as amended.

14         3.  No tax shall be levied on an admission paid by a

15  student, or on the student's behalf, to any required place of

16  sport or recreation if the student's participation in the

17  sport or recreational activity is required as a part of a

18  program or activity sponsored by, and under the jurisdiction

19  of, the student's educational institution, provided his or her

20  attendance is as a participant and not as a spectator.

21         4.  No tax shall be levied on admissions to the

22  National Football League championship game, on admissions to

23  any semifinal game or championship game of a national

24  collegiate tournament, or on admissions to a Major League

25  Baseball all-star game.

26         4.5.  A participation fee or sponsorship fee imposed by

27  a governmental entity as described in s. 212.08(6) for an

28  athletic or recreational program is exempt when the

29  governmental entity by itself, or in conjunction with an

30  organization exempt under s. 501(c)(3) of the Internal Revenue

31  Code of 1954, as amended, sponsors, administers, plans,

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  1  supervises, directs, and controls the athletic or recreational

  2  program.

  3         6.  Also exempt from the tax imposed by this section to

  4  the extent provided in this subparagraph are admissions to

  5  live theater, live opera, or live ballet productions in this

  6  state which are sponsored by an organization that has received

  7  a determination from the Internal Revenue Service that the

  8  organization is exempt from federal income tax under s.

  9  501(c)(3) of the Internal Revenue Code of 1954, as amended, if

10  the organization actively participates in planning and

11  conducting the event, is responsible for the safety and

12  success of the event, is organized for the purpose of

13  sponsoring live theater, live opera, or live ballet

14  productions in this state, has more than 10,000 subscribing

15  members and has among the stated purposes in its charter the

16  promotion of arts education in the communities which it

17  serves, and will receive at least 20 percent of the net

18  profits, if any, of the events which the organization sponsors

19  and will bear the risk of at least 20 percent of the losses,

20  if any, from the events which it sponsors if the organization

21  employs other persons as agents to provide services in

22  connection with a sponsored event. Prior to March 1 of each

23  year, such organization may apply to the department for a

24  certificate of exemption for admissions to such events

25  sponsored in this state by the organization during the

26  immediately following state fiscal year. The application shall

27  state the total dollar amount of admissions receipts collected

28  by the organization or its agents from such events in this

29  state sponsored by the organization or its agents in the year

30  immediately preceding the year in which the organization

31  applies for the exemption. Such organization shall receive the

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  1  exemption only to the extent of $1.5 million multiplied by the

  2  ratio that such receipts bear to the total of such receipts of

  3  all organizations applying for the exemption in such year;

  4  however, in no event shall such exemption granted to any

  5  organization exceed 6 percent of such admissions receipts

  6  collected by the organization or its agents in the year

  7  immediately preceding the year in which the organization

  8  applies for the exemption. Each organization receiving the

  9  exemption shall report each month to the department the total

10  admissions receipts collected from such events sponsored by

11  the organization during the preceding month and shall remit to

12  the department an amount equal to 6 percent of such receipts

13  reduced by any amount remaining under the exemption. Tickets

14  for such events sold by such organizations shall not reflect

15  the tax otherwise imposed under this section.

16         5.7.  Also exempt from the tax imposed by this section

17  are entry fees for participation in freshwater fishing

18  tournaments.

19         6.8.  Also exempt from the tax imposed by this section

20  are participation or entry fees charged to participants in a

21  game, race, or other sport or recreational event if spectators

22  are charged a taxable admission to such event.

23         7.9.  No tax shall be levied on admissions to any

24  postseason collegiate football game sanctioned by the National

25  Collegiate Athletic Association.

26         (b)  No municipality of the state shall levy an excise

27  tax on admissions.

28         (c)  The taxes imposed by this section shall be

29  collected in addition to the admission tax collected pursuant

30  to s. 550.0951, but the amount collected under s. 550.0951

31  shall not be subject to taxation under this chapter.

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  1         (3)  Such taxes shall be paid and remitted at the same

  2  time and in the same manner as provided for remitting taxes on

  3  sales of tangible personal property, as hereinafter provided.

  4         (4)  Each person who exercises the privilege of

  5  charging admission taxes, as herein defined, shall apply for,

  6  and at that time shall furnish the information and comply with

  7  the provisions of s. 212.18 not inconsistent herewith and

  8  receive from the department, a certificate of right to

  9  exercise such privilege, which certificate shall apply to each

10  place of business where such privilege is exercised and shall

11  be in the manner and form prescribed by the department.  Such

12  certificate shall be issued upon payment to the department of

13  a registration fee of $5 by the applicant.  Each person

14  exercising the privilege of charging such admission taxes as

15  herein defined shall cause to be kept records and accounts

16  showing the admission which shall be in the form as the

17  department may from time to time prescribe, inclusive of

18  records of all tickets numbered and issued for a period of not

19  less than the time within which the department may, as

20  permitted by s. 95.091(3), make an assessment with respect to

21  any admission evidenced by such records and accounts, and

22  inclusive of all bills or checks of customers who are charged

23  any of the taxes defined herein, showing the charge made to

24  each for that period.  The department is empowered to use each

25  and every one of the powers granted herein to the department

26  to discover the amount of tax to be paid by each such person

27  and to enforce the payment thereof as are hereby granted the

28  department for the discovery and enforcement of the payment of

29  taxes hereinafter levied on the sales of tangible personal

30  property.

31

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  1         (5)  All of the provisions of this chapter relating to

  2  collection, investigation, discovery, and aids to collection

  3  of taxes upon sales of tangible personal property shall

  4  likewise apply to all privileges described or referred to in

  5  this section, and the obligations imposed in this chapter upon

  6  retailers are hereby imposed upon the seller of such

  7  admissions. All penalties applicable to a dealer in tangible

  8  personal property for failure to meet any such obligation,

  9  including, but not limited to, any failure related to the

10  filing of returns, the payment of taxes, or the maintenance

11  and production of records, are applicable to the seller of

12  admissions. When tickets or admissions are sold and not used

13  but returned and credited by the seller, the seller may apply

14  to the department for a credit allowance for such returned

15  tickets or admissions if advance payments have been made by

16  the buyer and have been returned by the seller, upon such form

17  and in such manner as the department may from time to time

18  prescribe.  The department may, upon obtaining satisfactory

19  proof of the refunds on the part of the seller, credit the

20  seller for taxes paid upon admissions that have been returned

21  unused to the purchaser of those admissions. The seller of

22  admissions, upon the payment of the taxes before they become

23  delinquent and the rendering of the returns in accordance with

24  the requirement of the department and as provided in this law,

25  shall be entitled to a discount of 2.5 percent of the amount

26  of taxes upon the payment thereof before such taxes become

27  delinquent, in the same manner as permitted the sellers of

28  tangible personal property in this chapter.  However, if the

29  amount of the tax due and remitted to the department for the

30  reporting period exceeds $1,200, no discount shall be allowed

31  for all amounts in excess of $1,200.

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  1         (6)  Admission taxes required to be paid by this

  2  chapter shall be paid to the department by the owner or the

  3  collector of such admission.  When any place of business is

  4  sold or transferred by any owner, wherein such admission taxes

  5  have accrued or are accruing, such owner shall be obligated

  6  before such sale becomes effective to notify the department of

  7  such pending sale and secure from the department a certificate

  8  of registration as prescribed in this section, and the

  9  purchaser shall become obligated to withhold from the sales

10  price such sum of money as will safely be required to

11  discharge all accrued admission taxes upon such places of

12  business.  Upon the failure of any such purchaser to withhold,

13  he or she shall become obligated to pay all accrued admission

14  taxes, and the same shall become a lien upon all of the

15  purchaser's assets until the same have been paid and fully

16  discharged.

17         (7)  The taxes under this section shall become a lien

18  upon the assets of the owner of any business exercising the

19  privilege of selling admissions, and the collection of such

20  admissions, as defined hereunder, and shall remain a lien

21  until fully paid and discharged.  Such lien may be enforced in

22  the manner provided hereinafter for the enforcement of the

23  collection of taxes imposed upon the sales of tangible

24  personal property.

25         (8)  The word "owners" as used in this chapter shall be

26  taken to include and mean all persons obligated to collect and

27  pay over to the state the tax imposed under this section,

28  inclusive of all holders of certificates of registration

29  issued as herein provided. Wherever the word "owner" or

30  "owners" is used herein, it shall be taken to mean and include

31  all persons liable for such admission taxes unless it appears

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  1  from the context that the words are descriptive of property

  2  owners.

  3         Section 5.  Effective July 1, 2002, section 212.05,

  4  Florida Statutes, is amended to read:

  5         212.05  Sales, storage, use tax.--It is hereby declared

  6  to be the legislative intent that Every person is exercising a

  7  taxable privilege who engages in the business of selling

  8  tangible personal property at retail in this state, including

  9  the business of making mail order sales, or who rents or

10  furnishes any of the things or services taxable under this

11  chapter, or who stores for use or consumption in this state

12  any item or article of tangible personal property as defined

13  herein and who leases or rents such property within the state.

14         (1)  For the exercise of such privilege, a tax is

15  levied on each taxable transaction or incident, which tax is

16  due and payable as follows:

17         (a)1.a.  At the rate of 4.5 6 percent of the sales

18  price of each item or article of tangible personal property

19  when sold at retail in this state, computed on each taxable

20  sale for the purpose of remitting the amount of tax due the

21  state, and including each and every retail sale.

22         b.  Each occasional or isolated sale of an aircraft,

23  boat, mobile home, or motor vehicle of a class or type which

24  is required to be registered, licensed, titled, or documented

25  in this state or by the United States Government shall be

26  subject to tax at the rate provided in this paragraph. The

27  department shall by rule adopt any nationally recognized

28  publication for valuation of used motor vehicles as the

29  reference price list for any used motor vehicle which is

30  required to be licensed pursuant to s. 320.08(1), (2), (3)(a),

31  (b), (c), or (e), or (9).  If any party to an occasional or

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  1  isolated sale of such a vehicle reports to the tax collector a

  2  sales price which is less than 80 percent of the average loan

  3  price for the specified model and year of such vehicle as

  4  listed in the most recent reference price list, the tax levied

  5  under this paragraph shall be computed by the department on

  6  such average loan price unless the parties to the sale have

  7  provided to the tax collector an affidavit signed by each

  8  party, or other substantial proof, stating the actual sales

  9  price.  Any party to such sale who reports a sales price less

10  than the actual sales price is guilty of a misdemeanor of the

11  first degree, punishable as provided in s. 775.082 or s.

12  775.083.  The department shall collect or attempt to collect

13  from such party any delinquent sales taxes.  In addition, such

14  party shall pay any tax due and any penalty and interest

15  assessed plus a penalty equal to twice the amount of the

16  additional tax owed.  Notwithstanding any other provision of

17  law, the Department of Revenue may waive or compromise any

18  penalty imposed pursuant to this subparagraph.

19         2.  This paragraph does not apply to the sale of a boat

20  or airplane by or through a registered dealer under this

21  chapter to a purchaser who, at the time of taking delivery, is

22  a nonresident of this state, does not make his or her

23  permanent place of abode in this state, and is not engaged in

24  carrying on in this state any employment, trade, business, or

25  profession in which the boat will be used in this state, or is

26  a corporation none of the officers or directors of which is a

27  resident of, or makes his or her permanent place of abode in,

28  this state, or is a noncorporate entity that has no individual

29  vested with authority to participate in the management,

30  direction, or control of the entity's affairs who is a

31  resident of, or makes his or her permanent abode in, this

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  1  state. For purposes of this exemption, either a registered

  2  dealer acting on his or her own behalf as seller, a registered

  3  dealer acting as broker on behalf of a seller, or a registered

  4  dealer acting as broker on behalf of the purchaser may be

  5  deemed to be the selling dealer. This exemption shall not be

  6  allowed unless:

  7         a.  The purchaser removes a qualifying boat, as

  8  described in sub-subparagraph f., from the state within 90

  9  days after the date of purchase or the purchaser removes a

10  nonqualifying boat or an airplane from this state within 10

11  days after the date of purchase or, when the boat or airplane

12  is repaired or altered, within 20 days after completion of the

13  repairs or alterations;

14         b.  The purchaser, within 30 days from the date of

15  departure, shall provide the department with written proof

16  that the purchaser licensed, registered, titled, or documented

17  the boat or airplane outside the state. If such written proof

18  is unavailable, within 30 days the purchaser shall provide

19  proof that the purchaser applied for such license, title,

20  registration, or documentation.  The purchaser shall forward

21  to the department proof of title, license, registration, or

22  documentation upon receipt.

23         c.  The purchaser, within 10 days of removing the boat

24  or airplane from Florida, shall furnish the department with

25  proof of removal in the form of receipts for fuel, dockage,

26  slippage, tie-down, or hangaring from outside of Florida.  The

27  information so provided must clearly and specifically identify

28  the boat or aircraft;

29         d.  The selling dealer, within 5 days of the date of

30  sale, shall provide to the department a copy of the sales

31  invoice, closing statement, bills of sale, and the original

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  1  affidavit signed by the purchaser attesting that he or she has

  2  read the provisions of this section;

  3         e.  The seller makes a copy of the affidavit a part of

  4  his or her record for as long as required by s. 213.35; and

  5         f.  Unless the nonresident purchaser of a boat of 5 net

  6  tons of admeasurement or larger intends to remove the boat

  7  from this state within 10 days after the date of purchase or

  8  when the boat is repaired or altered, within 20 days after

  9  completion of the repairs or alterations, the nonresident

10  purchaser shall apply to the selling dealer for a decal which

11  authorizes 90 days after the date of purchase for removal of

12  the boat.  The department is authorized to issue decals in

13  advance to dealers.  The number of decals issued in advance to

14  a dealer shall be consistent with the volume of the dealer's

15  past sales of boats which qualify under this sub-subparagraph.

16  The selling dealer or his or her agent shall mark and affix

17  the decals to qualifying boats in the manner prescribed by the

18  department, prior to delivery of the boat.

19         (I)  The department is hereby authorized to charge

20  dealers a fee sufficient to recover the costs of decals

21  issued.

22         (II)  The proceeds from the sale of decals will be

23  deposited into the administrative trust fund.

24         (III)  Decals shall display information to identify the

25  boat as a qualifying boat under this sub-subparagraph,

26  including, but not limited to, the decal's date of expiration.

27         (IV)  The department is authorized to require dealers

28  who purchase decals to file reports with the department and

29  may prescribe all necessary records by rule. All such records

30  are subject to inspection by the department.

31

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  1         (V)  Any dealer or his or her agent who issues a decal

  2  falsely, fails to affix a decal, mismarks the expiration date

  3  of a decal, or fails to properly account for decals will be

  4  considered prima facie to have committed a fraudulent act to

  5  evade the tax and will be liable for payment of the tax plus a

  6  mandatory penalty of 200 percent of the tax, and shall be

  7  liable for fine and punishment as provided by law for a

  8  conviction of a misdemeanor of the first degree, as provided

  9  in s. 775.082 or s. 775.083.

10         (VI)  Any nonresident purchaser of a boat who removes a

11  decal prior to permanently removing the boat from the state,

12  or defaces, changes, modifies, or alters a decal in a manner

13  affecting its expiration date prior to its expiration, or who

14  causes or allows the same to be done by another, will be

15  considered prima facie to have committed a fraudulent act to

16  evade the tax and will be liable for payment of the tax plus a

17  mandatory penalty of 200 percent of the tax, and shall be

18  liable for fine and punishment as provided by law for a

19  conviction of a misdemeanor of the first degree, as provided

20  in s. 775.082 or s. 775.083.

21         (VII)  The department is authorized to adopt rules

22  necessary to administer and enforce this subparagraph and to

23  publish the necessary forms and instructions.

24         (VIII)  The department is hereby authorized to adopt

25  emergency rules pursuant to s. 120.54(4) to administer and

26  enforce the provisions of this subparagraph.

27

28  If the purchaser fails to remove the qualifying boat from this

29  state within 90 days after purchase or a nonqualifying boat or

30  an airplane from this state within 10 days after purchase or,

31  when the boat or airplane is repaired or altered, within 20

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  1  days after completion of such repairs or alterations, or

  2  permits the boat or airplane to return to this state within 6

  3  months from the date of departure, or if the purchaser fails

  4  to furnish the department with any of the documentation

  5  required by this subparagraph within the prescribed time

  6  period, the purchaser shall be liable for use tax on the cost

  7  price of the boat or airplane and, in addition thereto,

  8  payment of a penalty to the Department of Revenue equal to the

  9  tax payable.  This penalty shall be in lieu of the penalty

10  imposed by s. 212.12(2) and is mandatory and shall not be

11  waived by the department.  The 90-day period following the

12  sale of a qualifying boat tax exempt to a nonresident may not

13  be tolled for any reason. Notwithstanding other provisions of

14  this paragraph to the contrary, an aircraft purchased in this

15  state under the provisions of this paragraph may be returned

16  to this state for repairs within 6 months after the date of

17  its departure without being in violation of the law and

18  without incurring liability for the payment of tax or penalty

19  on the purchase price of the aircraft if the aircraft is

20  removed from this state within 20 days after the completion of

21  the repairs and if such removal can be demonstrated by

22  invoices for fuel, tie-down, hangar charges issued by

23  out-of-state vendors or suppliers, or similar documentation.

24         (b)  At the rate of 4.5 6 percent of the cost price of

25  each item or article of tangible personal property when the

26  same is not sold but is used, consumed, distributed, or stored

27  for use or consumption in this state; however, for tangible

28  property originally purchased exempt from tax for use

29  exclusively for lease and which is converted to the owner's

30  own use, tax may be paid on the fair market value of the

31  property at the time of conversion. If the fair market value

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  1  of the property cannot be determined, use tax at the time of

  2  conversion shall be based on the owner's acquisition cost.

  3  Under no circumstances may the aggregate amount of sales tax

  4  from leasing the property and use tax due at the time of

  5  conversion be less than the total sales tax that would have

  6  been due on the original acquisition cost paid by the owner.

  7         (c)  At the rate of 4.5 6 percent of the gross proceeds

  8  derived from the lease or rental of tangible personal

  9  property, as defined herein; however, the following special

10  provisions apply to the lease or rental of motor vehicles:

11         1.  When a motor vehicle is leased or rented for a

12  period of less than 12 months:

13         a.  If the motor vehicle is rented in Florida, the

14  entire amount of such rental is taxable at the rate of 6

15  percent, even if the vehicle is dropped off in another state.

16         b.  If the motor vehicle is rented in another state and

17  dropped off in Florida, the rental is exempt from Florida tax.

18         2.  Except as provided in subparagraph 3., For the

19  lease or rental of a motor vehicle for a period of not less

20  than 12 months, sales tax at the rate of 4.5 percent is due on

21  the lease or rental payments if the vehicle is registered in

22  this state; provided, however, that no tax shall be due if the

23  taxpayer documents use of the motor vehicle outside this state

24  and tax is being paid on the lease or rental payments in

25  another state.

26         3.  The tax imposed by this chapter does not apply to

27  the lease or rental of a commercial motor vehicle as defined

28  in s. 316.003(66)(a) to one lessee or rentee for a period of

29  not less than 12 months when tax was paid on the purchase

30  price of such vehicle by the lessor. To the extent tax was

31  paid with respect to the purchase of a such vehicle in another

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  1  state, territory of the United States, or the District of

  2  Columbia, the Florida tax payable shall be reduced in

  3  accordance with the provisions of s. 212.06(7). This

  4  subparagraph shall only be available when the lease or rental

  5  of such property is an established business or part of an

  6  established business or the same is incidental or germane to

  7  such business.

  8         (d)  At the rate of 4.5 6 percent of the lease or

  9  rental price paid by a lessee or rentee, or contracted or

10  agreed to be paid by a lessee or rentee, to the owner of the

11  tangible personal property.

12         (e)1.  At the rate of 4.5 6 percent on charges for:

13         a.  Prepaid calling arrangements. The tax on charges

14  for prepaid calling arrangements shall be collected at the

15  time of sale and remitted by the selling dealer.

16         (I)  "Prepaid calling arrangement" means the separately

17  stated retail sale by advance payment of communications

18  services that consist exclusively of telephone calls

19  originated by using an access number, authorization code, or

20  other means that may be manually, electronically, or otherwise

21  entered and that are sold in predetermined units or dollars

22  whose number declines with use in a known amount.

23         (II)  If the sale or recharge of the prepaid calling

24  arrangement does not take place at the dealer's place of

25  business, it shall be deemed to take place at the customer's

26  shipping address or, if no item is shipped, at the customer's

27  address or the location associated with the customer's mobile

28  telephone number.

29         (III)  The sale or recharge of a prepaid calling

30  arrangement shall be treated as a sale of tangible personal

31  property for purposes of this chapter, whether or not a

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  1  tangible item evidencing such arrangement is furnished to the

  2  purchaser, and such sale within this state subjects the

  3  selling dealer to the jurisdiction of this state for purposes

  4  of this subsection.

  5         b.  The installation of telecommunication and

  6  telegraphic equipment.

  7         c.  Electrical power or energy, except that the tax

  8  rate for charges for electrical power or energy is 7 percent.

  9         2.  The provisions of s. 212.17(3), regarding credit

10  for tax paid on charges subsequently found to be worthless,

11  shall be equally applicable to any tax paid under the

12  provisions of this section on charges for prepaid calling

13  arrangements, telecommunication or telegraph services, or

14  electric power subsequently found to be uncollectible. The

15  word "charges" in this paragraph does not include any excise

16  or similar tax levied by the Federal Government, any political

17  subdivision of the state, or any municipality upon the

18  purchase, sale, or recharge of prepaid calling arrangements or

19  upon the purchase or sale of telecommunication, television

20  system program, or telegraph service or electric power, which

21  tax is collected by the seller from the purchaser.

22         (f)  At the rate of 4.5 6 percent on the sale, rental,

23  use, consumption, or storage for use in this state of machines

24  and equipment, and parts and accessories therefor, used in

25  manufacturing, processing, compounding, producing, mining, or

26  quarrying personal property for sale or to be used in

27  furnishing communications, transportation, or public utility

28  services.

29         (g)  Any person who purchases, installs, rents, or

30  leases a telephone system or telecommunication system for his

31  or her own use to provide himself or herself with telephone

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  1  service or telecommunication service which is a substitute for

  2  any telephone company switched service or a substitute for any

  3  dedicated facility by which a telephone company provides a

  4  communication path is exercising a taxable privilege and shall

  5  register with the Department of Revenue and pay into the State

  6  Treasury a yearly amount equal to 4.5 6 percent of the actual

  7  cost of operating such system, notwithstanding the provisions

  8  of s. 212.081(2)(b). "Actual cost" includes, but is not

  9  limited to, depreciation, interest, maintenance, repair, and

10  other expenses directly attributable to the operation of such

11  system. For purposes of this paragraph, the depreciation

12  expense to be included in actual cost shall be the

13  depreciation expense claimed for federal income tax purposes.

14  The total amount of any payment required by a lease or rental

15  contract or agreement shall be included within the actual

16  cost.  The provisions of this paragraph do not apply to the

17  use by any local telephone company or any telecommunication

18  carrier of its own telephone system or telecommunication

19  system to conduct a telecommunication service for hire.  If a

20  system described in this paragraph is located in more than one

21  state, the actual cost of such system for purposes of this

22  paragraph shall be the actual cost of the system's equipment

23  located in Florida.

24         (h)1.  At the rate of 4.5 6 percent on the retail price

25  of newspapers and magazines sold or used in Florida.

26         2.  Notwithstanding other provisions of this chapter,

27  inserts of printed materials which are distributed with a

28  newspaper or magazine are a component part of the newspaper or

29  magazine, and neither the sale nor use of such inserts is

30  subject to tax when:

31

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  1         a.  Printed by a newspaper or magazine publisher or

  2  commercial printer and distributed as a component part of a

  3  newspaper or magazine, which means that the items after being

  4  printed are delivered directly to a newspaper or magazine

  5  publisher by the printer for inclusion in editions of the

  6  distributed newspaper or magazine;

  7         b.  Such publications are labeled as part of the

  8  designated newspaper or magazine publication into which they

  9  are to be inserted; and

10         c.  The purchaser of the insert presents a resale

11  certificate to the vendor stating that the inserts are to be

12  distributed as a component part of a newspaper or magazine.

13         (i)1.  Beginning January 1, 1995, A tax is imposed at

14  the rate of 4 percent on the charges for the use of

15  coin-operated amusement machines. The tax shall be calculated

16  by dividing the gross receipts from such charges for the

17  applicable reporting period by a divisor, determined as

18  provided in this subparagraph, to compute gross taxable sales,

19  and then subtracting gross taxable sales from gross receipts

20  to arrive at the amount of tax due. The divisor is equal to

21  1.04, except that for counties with a 5.0 6.5 percent sales

22  tax rate the divisor shall be equal to 1.045, and for counties

23  with a 5.5 7.0 percent sales tax rate the divisor shall be

24  equal to 1.050. When a machine is activated by a slug, token,

25  coupon, or any similar device which has been purchased, the

26  tax is on the price paid by the user of the device for such

27  device.

28         2.  As used in this paragraph, the term "operator"

29  means any person who possesses a coin-operated amusement

30  machine for the purpose of generating sales through that

31

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  1  machine and who is responsible for removing the receipts from

  2  the machine.

  3         a.  If the owner of the machine is also the operator of

  4  it, he or she shall be liable for payment of the tax without

  5  any deduction for rent or a license fee paid to a location

  6  owner for the use of any real property on which the machine is

  7  located.

  8         b.  If the owner or lessee of the machine is also its

  9  operator, he or she shall be liable for payment of the tax on

10  the purchase or lease of the machine, as well as the tax on

11  sales generated through the machine.

12         c.  If the proprietor of the business where the machine

13  is located does not own the machine, he or she shall be deemed

14  to be the lessee and operator of the machine and is

15  responsible for the payment of the tax on sales, unless such

16  responsibility is otherwise provided for in a written

17  agreement between him or her and the machine owner.

18         3.a.  An operator of a coin-operated amusement machine

19  may not operate or cause to be operated in this state any such

20  machine until the operator has registered with the department

21  and has conspicuously displayed an identifying certificate

22  issued by the department.  The identifying certificate shall

23  be issued by the department upon application from the

24  operator.  The identifying certificate shall include a unique

25  number, and the certificate shall be permanently marked with

26  the operator's name, the operator's sales tax number, and the

27  maximum number of machines to be operated under the

28  certificate. An identifying certificate shall not be

29  transferred from one operator to another. The identifying

30  certificate must be conspicuously displayed on the premises

31  where the coin-operated amusement machines are being operated.

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  1         b.  The operator of the machine must obtain an

  2  identifying certificate before the machine is first operated

  3  in the state and by July 1 of each year thereafter. The annual

  4  fee for each certificate shall be based on the number of

  5  machines identified on the application times $30 and is due

  6  and payable upon application for the identifying device.  The

  7  application shall contain the operator's name, sales tax

  8  number, business address where the machines are being

  9  operated, and the number of machines in operation at that

10  place of business by the operator. No operator may operate

11  more machines than are listed on the certificate.  A new

12  certificate is required if more machines are being operated at

13  that location than are listed on the certificate. The fee for

14  the new certificate shall be based on the number of additional

15  machines identified on the application form times $30.

16         c.  A penalty of $250 per machine is imposed on the

17  operator for failing to properly obtain and display the

18  required identifying certificate. A penalty of $250 is imposed

19  on the lessee of any machine placed in a place of business

20  without a proper current identifying certificate. Such

21  penalties shall apply in addition to all other applicable

22  taxes, interest, and penalties.

23         d.  Operators of coin-operated amusement machines must

24  obtain a separate sales and use tax certificate of

25  registration for each county in which such machines are

26  located. One sales and use tax certificate of registration is

27  sufficient for all of the operator's machines within a single

28  county.

29         4.  The provisions of this paragraph do not apply to

30  coin-operated amusement machines owned and operated by

31  churches or synagogues.

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  1         5.  In addition to any other penalties imposed by this

  2  chapter, a person who knowingly and willfully violates any

  3  provision of this paragraph commits a misdemeanor of the

  4  second degree, punishable as provided in s. 775.082 or s.

  5  775.083.

  6         6.  The department may adopt rules necessary to

  7  administer the provisions of this paragraph.

  8         (j)1.  At the rate of 4.5 6 percent on charges for all:

  9         a.  Detective, burglar protection, and other protection

10  services (SIC Industry Numbers 7381 and 7382). Any law

11  enforcement officer, as defined in s. 943.10, who is

12  performing approved duties as determined by his or her local

13  law enforcement agency in his or her capacity as a law

14  enforcement officer, and who is subject to the direct and

15  immediate command of his or her law enforcement agency, and in

16  the law enforcement officer's uniform as authorized by his or

17  her law enforcement agency, is performing law enforcement and

18  public safety services and is not performing detective,

19  burglar protection, or other protective services, if the law

20  enforcement officer is performing his or her approved duties

21  in a geographical area in which the law enforcement officer

22  has arrest jurisdiction. Such law enforcement and public

23  safety services are not subject to tax irrespective of whether

24  the duty is characterized as "extra duty," "off-duty," or

25  "secondary employment," and irrespective of whether the

26  officer is paid directly or through the officer's agency by an

27  outside source. The term "law enforcement officer" includes

28  full-time or part-time law enforcement officers, and any

29  auxiliary law enforcement officer, when such auxiliary law

30  enforcement officer is working under the direct supervision of

31  a full-time or part-time law enforcement officer.

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  1         b.  Nonresidential cleaning and nonresidential pest

  2  control services (SIC Industry Group Number 734).

  3         2.  As used in this paragraph, "SIC" means those

  4  classifications contained in the Standard Industrial

  5  Classification Manual, 1987, as published by the Office of

  6  Management and Budget, Executive Office of the President.

  7         3.  Charges for detective, burglar protection, and

  8  other protection security services performed in this state but

  9  used outside this state are exempt from taxation. Charges for

10  detective, burglar protection, and other protection security

11  services performed outside this state and used in this state

12  are subject to tax.

13         4.  If a transaction involves both the sale or use of a

14  service taxable under this paragraph and the sale or use of a

15  service or any other item not taxable under this chapter, the

16  consideration paid must be separately identified and stated

17  with respect to the taxable and exempt portions of the

18  transaction or the entire transaction shall be presumed

19  taxable. The burden shall be on the seller of the service or

20  the purchaser of the service, whichever applicable, to

21  overcome this presumption by providing documentary evidence as

22  to which portion of the transaction is exempt from tax. The

23  department is authorized to adjust the amount of consideration

24  identified as the taxable and exempt portions of the

25  transaction; however, a determination that the taxable and

26  exempt portions are inaccurately stated and that the

27  adjustment is applicable must be supported by substantial

28  competent evidence.

29         5.  Each seller of services subject to sales tax

30  pursuant to this paragraph shall maintain a monthly log

31  showing each transaction for which sales tax was not collected

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  1  because the services meet the requirements of subparagraph 3.

  2  for out-of-state use. The log must identify the purchaser's

  3  name, location and mailing address, and federal employer

  4  identification number, if a business, or the social security

  5  number, if an individual, the service sold, the price of the

  6  service, the date of sale, the reason for the exemption, and

  7  the sales invoice number. The monthly log shall be maintained

  8  pursuant to the same requirements and subject to the same

  9  penalties imposed for the keeping of similar records pursuant

10  to this chapter.

11         (k)1.  Notwithstanding any other provision of this

12  chapter, there is hereby levied a tax on the sale, use,

13  consumption, or storage for use in this state of any coin or

14  currency, whether in circulation or not, when such coin or

15  currency:

16         a.  Is not legal tender;

17         b.  If legal tender, is sold, exchanged, or traded at a

18  rate in excess of its face value; or

19         c.  Is sold, exchanged, or traded at a rate based on

20  its precious metal content.

21         2.  Such tax shall be at a rate of 6 percent of the

22  price at which the coin or currency is sold, exchanged, or

23  traded, except that, with respect to a coin or currency which

24  is legal tender of the United States and which is sold,

25  exchanged, or traded, such tax shall not be levied.

26         3.  There are exempt from this tax exchanges of coins

27  or currency which are in general circulation in, and legal

28  tender of, one nation for coins or currency which are in

29  general circulation in, and legal tender of, another nation

30  when exchanged solely for use as legal tender and at an

31

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  1  exchange rate based on the relative value of each as a medium

  2  of exchange.

  3         4.  With respect to any transaction that involves the

  4  sale of coins or currency taxable under this paragraph in

  5  which the taxable amount represented by the sale of such coins

  6  or currency exceeds $500, the entire amount represented by the

  7  sale of such coins or currency is exempt from the tax imposed

  8  under this paragraph. The dealer must maintain proper

  9  documentation, as prescribed by rule of the department, to

10  identify that portion of a transaction which involves the sale

11  of coins or currency and is exempt under this subparagraph.

12         (l)  At the rate of 4.5 6 percent of the sales price of

13  each gallon of diesel fuel not taxed under chapter 206

14  purchased for use in a vessel.

15         (m)  Florists located in this state are liable for

16  sales tax on sales to retail customers regardless of where or

17  by whom the items sold are to be delivered. Florists located

18  in this state are not liable for sales tax on payments

19  received from other florists for items delivered to customers

20  in this state.

21         (n)  Operators of game concessions or other

22  concessionaires who customarily award tangible personal

23  property as prizes may, in lieu of paying tax on the cost

24  price of such property, pay tax on 25 percent of the gross

25  receipts from such concession activity.

26         (2)  The tax shall be collected by the dealer, as

27  defined herein, and remitted by the dealer to the state at the

28  time and in the manner as hereinafter provided.

29         (3)  The tax so levied is in addition to all other

30  taxes, whether levied in the form of excise, license, or

31

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  1  privilege taxes, and in addition to all other fees and taxes

  2  levied.

  3         (4)  The tax imposed pursuant to this chapter shall be

  4  due and payable according to the brackets set forth in s.

  5  212.12.

  6         Section 6.  Effective July 1, 2004, section 212.0502,

  7  Florida Statutes, is created to read:

  8         212.0502  Sales tax on construction services; special

  9  provisions.--

10         (1)  A tax of 1.5 percent is imposed on the sale of the

11  following construction services:

12         (a)  General contractors - residential, including

13  repairs (SIC Industry Group Numbers 152 and 153)

14         (b)  General contractors - nonresidential, including

15  repairs (SIC Industry Group Number 154)

16         (c)  General contractors - heavy construction (SIC

17  Industry Number 1629)

18         (d)  Construction - special trade contractors,

19  including repairs (SIC Major Group Number 17)

20         (e)  Heavy construction equipment rental with operator

21  (SIC Industry Number 7353)

22         (2)  As used in this section, the term "SIC" means

23  those classifications contained in the Standard Industrial

24  Classification Manual, 1987, as published by the Office of

25  Management and Budget, Executive Office of the President.

26         Section 7.  Effective July 1, 2004, section 212.0506,

27  Florida Statutes, is amended to read:

28         212.0506  Taxation of service warranties.--

29         (1)  It is the intent of the Legislature that Every

30  person is exercising a taxable privilege who engages in this

31

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  1  state in the business of soliciting, offering, providing,

  2  entering into, issuing, or delivering any service warranty.

  3         (2)  For exercising such privilege, a tax is levied on

  4  each taxable transaction or incident, which tax is due and

  5  payable at the rate of 4.5 6 percent on the total

  6  consideration received or to be received by any person for

  7  issuing and delivering any service warranty.

  8         (3)  For purposes of this section, "service warranty"

  9  means any contract or agreement which indemnifies the holder

10  of the contract or agreement for the cost of maintaining,

11  repairing, or replacing tangible personal property.  The term

12  "service warranty" does not include contracts or agreements to

13  repair, maintain, or replace tangible personal property if

14  such property when sold at retail in this state would not be

15  subject to the tax imposed by this chapter, nor does it

16  include such contracts or agreements covering tangible

17  personal property which becomes a part of real property.

18         (4)  Such tax shall be in addition to the total amount

19  of the consideration for the service warranty, shall be

20  charged by the person receiving such consideration from the

21  service warranty agreement holder, and shall be due and

22  payable by such person at the time he or she receives such

23  consideration.  Such person shall remit the tax to the

24  department at the times and in the manner provided for dealers

25  to remit taxes on tangible personal property under this

26  chapter.

27         (5)  This tax is in addition to all other taxes,

28  whether levied in the form of excise, license, or privilege

29  taxes, and is in addition to all other fees and taxes levied.

30         (6)  This tax shall be due and payable according to the

31  brackets set forth in s. 212.12.

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  1         (7)  This tax shall not apply to any portion of the

  2  consideration received by any person in connection with the

  3  issuance of any service warranty contract upon which such

  4  person is required to pay any premium tax imposed under the

  5  Florida Insurance Code or under s. 634.313(1).

  6         (8)  If a transaction involves both the issuance of a

  7  service warranty that is subject to such tax and the issuance

  8  of a warranty, guaranty, extended warranty or extended

  9  guaranty, contract, agreement, or other written promise that

10  is not subject to such tax, the consideration shall be

11  separately identified and stated with respect to the taxable

12  and nontaxable portions of the transaction. If the

13  consideration is separately apportioned and identified in good

14  faith, such tax shall apply to the transaction to the extent

15  that the consideration received or to be received in

16  connection with the transaction is payment for a service

17  warranty subject to such tax. If the consideration is not

18  apportioned in good faith, the department may reform the

19  contract; such reformation by the department is to be

20  considered prima facie correct, and the burden to show the

21  contrary rests upon the dealer. If the consideration for such

22  a transaction is not separately identified and stated, the

23  entire transaction is taxable.

24         (9)  Any claim which arises under a service warranty

25  taxable under this section, which claim is paid directly by

26  the person issuing such warranty, is not subject to any tax

27  imposed under this chapter.

28         (10)  Materials and supplies used in the performance of

29  a factory or manufacturer's warranty are exempt if the

30  contract is furnished at no extra charge with the equipment

31

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  1  guaranteed thereunder and such materials and supplies are paid

  2  for by the factory or manufacturer.

  3         (11)  Any duties imposed by this chapter upon dealers

  4  of tangible personal property with respect to collecting and

  5  remitting taxes; making returns; keeping books, records, and

  6  accounts; and complying with the rules and regulations of the

  7  department apply to all dealers as defined in s. 212.06(2)(l).

  8         Section 8.  Effective July 1, 2004, section 212.051,

  9  Florida Statutes, is reenacted to read:

10         212.051  Equipment, machinery, and other materials for

11  pollution control; not subject to sales or use tax.--

12         (1)  Notwithstanding any provision to the contrary,

13  sales, use, or privilege taxes shall not be collected with

14  respect to any facility, device, fixture, equipment,

15  machinery, specialty chemical, or bioaugmentation product used

16  primarily for the control or abatement of pollution or

17  contaminants in manufacturing, processing, compounding, or

18  producing for sale items of tangible personal property at a

19  fixed location, or any structure, machinery, or equipment

20  installed in the reconstruction or replacement of such

21  facility, device, fixture, equipment, or machinery. To

22  qualify, such facility, device, fixture, equipment, structure,

23  specialty chemical, or bioaugmentation product must be used,

24  installed, or constructed to meet a law implemented by, or a

25  condition of a permit issued by, the Department of

26  Environmental Protection; however, such exemption shall not be

27  allowed unless the purchaser signs a certificate stating that

28  the facility, device, fixture, equipment, structure, specialty

29  chemical, or bioaugmentation product to be exempted is

30  required to meet such law or condition.

31

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  1         (2)  Equipment, machinery, or materials required to

  2  meet any law implemented by, or any condition of a permit

  3  issued by, the Department of Environmental Protection that are

  4  purchased for the monitoring, prevention, abatement, or

  5  control of pollution or contaminants at privately owned or

  6  operated landfills or construction and demolition debris

  7  disposal facilities shall be exempt from taxation as otherwise

  8  imposed by this chapter; however, such exemption shall not be

  9  allowed unless the purchaser signs a certificate stating that

10  the equipment, machinery, or materials to be exempted are

11  required to meet such law or condition.  This exemption does

12  not include solid waste collection vehicles, compactors,

13  graders, or other earthmoving equipment.

14         (3)  For the purposes of this section, "specialty

15  chemicals" means those chemicals used to enhance or further

16  treat wastewater, including, but not limited to, defoamers,

17  nutrients, and polymers, and "bioaugmentation products" means

18  the microorganisms used in waste treatment plants to break

19  down solids and consume organic matter.

20         Section 9.  Effective July 1, 2004, section 212.052,

21  Florida Statutes, is reenacted to read:

22         212.052  Research or development costs; exemption.--

23         (1)  For the purposes of the exemption provided in this

24  section:

25         (a)  The term "research or development" means research

26  which has one of the following as its ultimate goal:

27         1.  Basic research in a scientific field of endeavor.

28         2.  Advancing knowledge or technology in a scientific

29  or technical field of endeavor.

30         3.  The development of a new product, whether or not

31  the new product is offered for sale.

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  1         4.  The improvement of an existing product, whether or

  2  not the improved product is offered for sale.

  3         5.  The development of new uses of an existing product,

  4  whether or not a new use is offered as a rationale to purchase

  5  the product.

  6         6.  The design and development of prototypes, whether

  7  or not a resulting product is offered for sale.

  8

  9  The term "research or development" does not include ordinary

10  testing or inspection of materials or products used for

11  quality control, market research, efficiency surveys, consumer

12  surveys, advertising and promotions, management studies, or

13  research in connection with literary, historical, social

14  science, psychological, or other similar nontechnical

15  activities.

16         (b)  The term "costs" means cost price as defined in s.

17  212.02(4).

18         (c)  The term "product" means any item, device,

19  technique, prototype, invention, or process which is, was, or

20  may be commercially exploitable.

21         (2)  Notwithstanding any provision of this chapter to

22  the contrary, any person, including an affiliated group as

23  defined in s. 1504 of the Internal Revenue Code of 1954, as

24  amended, who manufactures, produces, compounds, processes, or

25  fabricates in any manner tangible personal property for such

26  taxpayer's own use directly and solely in research or

27  development shall not be subject to the tax imposed by this

28  chapter upon the cost of the product so manufactured,

29  produced, compounded, processed, or fabricated. However, the

30  tax imposed by this chapter shall be due on the purchase,

31  rental, or repair of real property or tangible personal

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  1  property employed in research or development which is subject

  2  to the tax imposed by this chapter at the time of purchase or

  3  rental.

  4         (3)  This section does not apply to any product of

  5  research or development which is used by a person, including

  6  an affiliated group as defined in s. 1504 of the Internal

  7  Revenue Code of 1954, as amended, in the ordinary course of

  8  business, other than for research or development, except and

  9  to the extent that the knowledge, technology, science, design,

10  plan, patent, or understanding which is derived from the

11  product of research or development is applied in the ordinary

12  course of business.  In addition, this section does not apply

13  to any product of research or development that is tangible

14  personal property which is offered for sale.

15         (4)  Any person, including an affiliated group as

16  defined in s. 1504 of the Internal Revenue Code of 1954, as

17  amended, who makes a fraudulent claim under this section shall

18  be liable for the payment of the tax due, together with the

19  penalties set forth in s. 212.085, and as otherwise provided

20  by law.

21         (5)  The department shall promulgate rules governing

22  the implementation and operation of this section.

23         Section 10.  Effective July 1, 2004, section 212.0598,

24  Florida Statutes, is reenacted to read:

25         212.0598  Special provisions; air carriers.--

26         (1)  Notwithstanding other provisions of this chapter

27  to the contrary, any air carrier utilizing mileage

28  apportionment for corporate income tax purposes in this state

29  pursuant to chapter 220 may elect, upon the conditions

30  prescribed in subsection (4), to be subject to the tax imposed

31

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  1  by this chapter on tangible personal property according to the

  2  provisions of this section.

  3         (2)  The basis of the tax shall be the ratio of Florida

  4  mileage to total mileage as determined pursuant to chapter 220

  5  and this section.  The ratio shall be determined at the close

  6  of the carrier's preceding fiscal year. However, during the

  7  fiscal year in which the air carrier begins initial operations

  8  in this state, the carrier may determine its mileage

  9  apportionment factor based on an estimated ratio of

10  anticipated revenue miles in this state to anticipated total

11  revenue miles. In such cases, the air carrier shall pay

12  additional tax or apply for a refund based on the actual ratio

13  for that year. The applicable ratio shall be applied each

14  month to the carrier's total systemwide gross purchases of

15  tangible personal property and services otherwise taxable in

16  Florida. Additionally, the ratio shall be applied each month

17  to the carrier's total systemwide payments for the lease or

18  rental of, or license in, real property used by the carrier

19  substantially for aircraft maintenance if that carrier

20  employed, on average, during the previous calendar quarter in

21  excess of 3,000 full-time equivalent maintenance or repair

22  employees at one maintenance base that it leases, rents, or

23  has a license in, in this state. In all other instances, the

24  tax on real property leased, rented, or licensed by the

25  carrier shall be as provided in s. 212.031.

26         (3)  It is the legislative intent that air carriers are

27  hereby determined to be susceptible to a distinct and separate

28  classification for taxation under the provisions of this

29  chapter, if the provisions of this section are met.

30         (4)  The election provided for in this section shall

31  not be allowed unless the purchaser makes a written request,

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  1  in a manner prescribed by the Department of Revenue, to be

  2  taxed under the provisions of subsection (1), and such person

  3  registers with the Department of Revenue as a dealer and

  4  extends to his or her vendor at the time of purchase, if

  5  required to do so, a certificate stating that the item or

  6  items to be partially exempted are for the exclusive use

  7  designated herein.

  8         (5)  Notwithstanding other provisions of this chapter

  9  to the contrary, any air carrier eligible for the election

10  provided in subsection (1) which does not so elect shall be

11  subject to the tax imposed by this chapter on the purchase or

12  use of tangible personal property purchased or used in this

13  state, as well as other taxes imposed herein.

14         Section 11.  Effective July 1, 2004, section 212.06,

15  Florida Statutes, is amended to read:

16         212.06  Sales, storage, use tax; collectible from

17  dealers; "dealer" defined; dealers to collect from purchasers;

18  legislative intent as to scope of tax.--

19         (1)(a)  The aforesaid tax at the rate of 4.5 6 percent

20  of the retail sales price as of the moment of sale, 4.5 6

21  percent of the cost price as of the moment of purchase, or 4.5

22  6 percent of the cost price as of the moment of commingling

23  with the general mass of property in this state, as the case

24  may be, shall be collectible from all dealers as herein

25  defined on the sale at retail, the use, the consumption, the

26  distribution, and the storage for use or consumption in this

27  state of tangible personal property or services taxable under

28  this chapter. The full amount of the tax on a credit sale,

29  installment sale, or sale made on any kind of deferred payment

30  plan shall be due at the moment of the transaction in the same

31  manner as on a cash sale.

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  1         (b)  Except as otherwise provided, any person who

  2  manufactures, produces, compounds, processes, or fabricates in

  3  any manner tangible personal property for his or her own use

  4  shall pay a tax upon the cost of the product manufactured,

  5  produced, compounded, processed, or fabricated without any

  6  deduction therefrom on account of the cost of material used,

  7  labor or service costs, or transportation charges,

  8  notwithstanding the provisions of s. 212.02 defining "cost

  9  price."  However, the tax levied under this paragraph shall

10  not be imposed upon any person who manufactures or produces

11  electrical power or energy, steam energy, or other energy at a

12  single location, when such power or energy is used directly

13  and exclusively at such location, or at other locations if the

14  energy is transferred through facilities of the owner in the

15  operation of machinery or equipment that is used to

16  manufacture, process, compound, produce, fabricate, or prepare

17  for shipment tangible personal property for sale or to operate

18  pollution control equipment, maintenance equipment, or

19  monitoring or control equipment used in such operations.  The

20  manufacture or production of electrical power or energy that

21  is used for space heating, lighting, office equipment, or

22  air-conditioning or any other nonmanufacturing, nonprocessing,

23  noncompounding, nonproducing, nonfabricating, or nonshipping

24  activity is taxable. Electrical power or energy consumed or

25  dissipated in the transmission or distribution of electrical

26  power or energy for resale is also not taxable.  Fabrication

27  labor shall not be taxable when a person is using his or her

28  own equipment and personnel, for his or her own account, as a

29  producer, subproducer, or coproducer of a qualified motion

30  picture.  For purposes of this chapter, the term "qualified

31  motion picture" means all or any part of a series of related

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  1  images, either on film, tape, or other embodiment, including,

  2  but not limited to, all items comprising part of the original

  3  work and film-related products derived therefrom as well as

  4  duplicates and prints thereof and all sound recordings created

  5  to accompany a motion picture, which is produced, adapted, or

  6  altered for exploitation in, on, or through any medium or

  7  device and at any location, primarily for entertainment,

  8  commercial, industrial, or educational purposes. This

  9  exemption for fabrication labor associated with production of

10  a qualified motion picture will inure to the taxpayer upon

11  presentation of the certificate of exemption issued to the

12  taxpayer under the provisions of s. 288.1258. A person who

13  manufactures factory-built buildings for his or her own use in

14  the performance of contracts for the construction or

15  improvement of real property shall pay a tax only upon the

16  person's cost price of items used in the manufacture of such

17  buildings.

18         (c)1.  Notwithstanding the provisions of paragraph (b),

19  the use tax on asphalt manufactured for one's own use shall be

20  calculated with respect to paragraph (b) only upon the cost of

21  materials which become a component part or which are an

22  ingredient of the finished asphalt and upon the cost of the

23  transportation of such components and ingredients.  In

24  addition, an indexed tax of 38 cents per ton of such

25  manufactured asphalt shall be due at the same time and in the

26  same manner as taxes due pursuant to paragraph (b). Beginning

27  July 1, 1989, The indexed tax shall be adjusted each July 1 to

28  an amount, rounded to the nearest cent, equal to the product

29  of 38 cents multiplied by a fraction, the numerator of which

30  is the annual average of the "materials and components for

31  construction" series of the producer price index, as

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  1  calculated and published by the United States Department of

  2  Labor, Bureau of Statistics, for the previous calendar year,

  3  and the denominator of which is the annual average of said

  4  series for calendar year 1988.

  5         2.a.  Beginning July 1, 1999, the indexed tax imposed

  6  by this paragraph on manufactured asphalt which is used for

  7  any federal, state, or local government public works project

  8  shall be reduced by 20 percent.

  9         b.  Beginning July 1, 2000, The indexed tax imposed by

10  this paragraph on manufactured asphalt which is used for any

11  federal, state, or local government public works project shall

12  be reduced by 40 percent.

13         (d)  For purposes of paragraph (b), the department may

14  establish a cost price amount for industry groups that

15  manufacture, produce, compound, process, or fabricate tangible

16  personal property for their own use in the performance of

17  contracts for improvements to real property. Such cost price

18  amount must be established as a percentage, rounded to the

19  nearest whole number, of the total contract price charged for

20  the improvement. The cost price percentages established must

21  be adopted by rule pursuant to the procedures provided in s.

22  120.54, upon petition of a majority of the members of an

23  industry group or by a statewide association that represents

24  such industry group, and must be based on a reasonable

25  estimate of average costs incurred by members of the

26  petitioning industry group. The department is required to

27  adopt a cost price percentage only if sufficient information

28  is available to determine such percentage. The information

29  considered by the department to establish the cost price

30  percentage must be that set forth in the petition or that

31  which is otherwise made available to the department. Any cost

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  1  price percentage so established must be available only by

  2  election of a member of the industry group for which the

  3  percentage was established and may apply only to such periods

  4  or contracts for which the election is made. The election must

  5  be made by the taxpayer by timely accruing and remitting tax

  6  on the contract using the established percentage figure. If

  7  the taxpayer does not timely accrue and remit the use tax due

  8  for a contract using the percentage figure, the taxpayer may

  9  not later use this method of calculating the use tax due for

10  that contract. Taxpayers must maintain adequate records

11  showing the accrual of tax using the percentage figure on

12  total contract price. Any cost price so established must

13  remain available for use for a period of at least 5 years from

14  the date of its adoption and must be reviewed and be subject

15  to adjustment by the department no more frequently than at

16  5-year intervals. The provisions of this paragraph are not

17  available to persons subject to paragraph (c).

18         (e)1.  Notwithstanding any other provision of this

19  chapter, tax shall not be imposed on any vessel registered

20  pursuant to s. 328.52 by a vessel dealer or vessel

21  manufacturer with respect to a vessel used solely for

22  demonstration, sales promotional, or testing purposes. The

23  term "promotional purposes" shall include, but not be limited

24  to, participation in fishing tournaments.  For the purposes of

25  this paragraph, "promotional purposes" means the entry of the

26  vessel in a marine-related event where prospective purchasers

27  would be in attendance, where the vessel is entered in the

28  name of the dealer or manufacturer, and where the vessel is

29  clearly marked as for sale, on which vessel the name of the

30  dealer or manufacturer is clearly displayed, and which vessel

31  has never been transferred into the dealer's or manufacturer's

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  1  accounting books from an inventory item to a capital asset for

  2  depreciation purposes.

  3         2.  The provisions of this paragraph do not apply to

  4  any vessel when used for transporting persons or goods for

  5  compensation; when offered, let, or rented to another for

  6  consideration; when offered for rent or hire as a means of

  7  transportation for compensation; or when offered or used to

  8  provide transportation for persons solicited through personal

  9  contact or through advertisement on a "share expense" basis.

10         (2)(a)  The term "dealer," as used in this chapter,

11  includes every person who manufactures or produces tangible

12  personal property for sale at retail; for use, consumption, or

13  distribution; or for storage to be used or consumed in this

14  state.

15         (b)  The term "dealer" is further defined to mean every

16  person, as used in this chapter, who imports, or causes to be

17  imported, tangible personal property from any state or foreign

18  country for sale at retail; for use, consumption, or

19  distribution; or for storage to be used or consumed in this

20  state.

21         (c)  The term "dealer" is further defined to mean every

22  person, as used in this chapter, who sells at retail or who

23  offers for sale at retail, or who has in his or her possession

24  for sale at retail; or for use, consumption, or distribution;

25  or for storage to be used or consumed in this state, tangible

26  personal property as defined herein, including a retailer who

27  transacts a mail order sale.

28         (d)  The term "dealer" is further defined to mean any

29  person who has sold at retail; or used, or consumed, or

30  distributed; or stored for use or consumption in this state,

31  tangible personal property and who cannot prove that the tax

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  1  levied by this chapter has been paid on the sale at retail,

  2  the use, the consumption, the distribution, or the storage of

  3  such tangible personal property.  However, the term "dealer"

  4  does not mean a person who is not a "dealer" under the

  5  definition of any other paragraph of this subsection and whose

  6  only owned or leased property (including property owned or

  7  leased by an affiliate) in this state is located at the

  8  premises of a printer with which it has contracted for

  9  printing, if such property consists of the final printed

10  product, property which becomes a part of the final printed

11  product, or property from which the printed product is

12  produced.

13         (e)  The term "dealer" is further defined to mean any

14  person, as used in this chapter, who leases or rents tangible

15  personal property, as defined in this chapter, for a

16  consideration, permitting the use or possession of such

17  property without transferring title thereto, except as

18  expressly provided for to the contrary herein.

19         (f)  The term "dealer" is further defined to mean any

20  person, as used in this chapter, who maintains or has within

21  this state, directly or by a subsidiary, an office,

22  distributing house, salesroom, or house, warehouse, or other

23  place of business.

24         (g)  "Dealer" also means and includes every person who

25  solicits business either by direct representatives, indirect

26  representatives, or manufacturers' agents; by distribution of

27  catalogs or other advertising matter; or by any other means

28  whatsoever, and by reason thereof receives orders for tangible

29  personal property or services from consumers for use,

30  consumption, distribution, and storage for use or consumption

31  in the state; such dealer shall collect the tax imposed by

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  1  this chapter from the purchaser, and no action, either in law

  2  or in equity, on a sale or transaction as provided by the

  3  terms of this chapter may be had in this state by any such

  4  dealer unless it is affirmatively shown that the provisions of

  5  this chapter have been fully complied with.

  6         (h)  "Dealer" also means and includes every person who,

  7  as a representative, agent, or solicitor of an out-of-state

  8  principal or principals, solicits, receives, and accepts

  9  orders from consumers in the state for future delivery and

10  whose principal refuses to register as a dealer.

11         (i)  "Dealer" also means and includes the state,

12  county, municipality, any political subdivision, agency,

13  bureau or department, or other state or local governmental

14  instrumentality.

15         (j)  The term "dealer" is further defined to mean any

16  person who leases, or grants a license to use, occupy, or

17  enter upon, living quarters, sleeping or housekeeping

18  accommodations in hotels, apartment houses, roominghouses,

19  tourist or trailer camps, real property, space or spaces in

20  parking lots or garages for motor vehicles, docking or storage

21  space or spaces for boats in boat docks or marinas, or

22  tie-down or storage space or spaces for aircraft at airports.

23  The term "dealer" also means any person who has leased,

24  occupied, or used or was entitled to use any living quarters,

25  sleeping or housekeeping accommodations in hotels, apartment

26  houses, roominghouses, tourist or trailer camps, real

27  property, space or spaces in parking lots or garages for motor

28  vehicles or docking or storage space or spaces for boats in

29  boat docks or marinas, or who has purchased communication

30  services or electric power or energy, and who cannot prove

31  that the tax levied by this chapter has been paid to the

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  1  vendor or lessor on any such transactions. The term "dealer"

  2  does not include any person who leases, lets, rents, or grants

  3  a license to use, occupy, or enter upon any living quarters,

  4  sleeping quarters, or housekeeping accommodations in apartment

  5  houses, roominghouses, tourist camps, or trailer camps, and

  6  who exclusively enters into a bona fide written agreement for

  7  continuous residence for longer than 6 months in duration with

  8  any person who leases, lets, rents, or is granted a license to

  9  use such property.

10         (k)  "Dealer" also means any person who sells,

11  provides, or performs a service taxable under this chapter.

12  "Dealer" also means any person who purchases, uses, or

13  consumes a service taxable under this chapter who cannot prove

14  that the tax levied by this chapter has been paid to the

15  seller of the taxable service.

16         (l)  "Dealer" also means any person who solicits,

17  offers, provides, enters into, issues, or delivers any service

18  warranty taxable under this chapter, or who receives, on

19  behalf of such a person, any consideration from a service

20  warranty holder.

21         (3)(a)  Except as provided in paragraph (b), every

22  dealer making sales, whether within or outside the state, of

23  tangible personal property for distribution, storage, or use

24  or other consumption, in this state, shall, at the time of

25  making sales, collect the tax imposed by this chapter from the

26  purchaser.

27         (b)1.  A purchaser of printed materials shall have sole

28  responsibility for the taxes imposed by this chapter on those

29  materials when the printer of the materials delivers them to

30  the United States Postal Service for mailing to persons other

31  than the purchaser located within and outside this state.

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  1  Printers of materials delivered by mail to persons other than

  2  the purchaser located within and outside this state shall have

  3  no obligation or responsibility for the payment or collection

  4  of any taxes imposed under this chapter on those materials.

  5  However, printers are obligated to collect the taxes imposed

  6  by this chapter on printed materials when all, or

  7  substantially all, of the materials will be mailed to persons

  8  located within this state. For purposes of the printer's tax

  9  collection obligation, there is a rebuttable presumption that

10  all materials printed at a facility are mailed to persons

11  located within the same state as that in which the facility is

12  located.  A certificate provided by the purchaser to the

13  printer concerning the delivery of the printed materials for

14  that purchase or all purchases shall be sufficient for

15  purposes of rebutting the presumption created herein.

16         2.  The Department of Revenue is authorized to adopt

17  rules and forms to implement the provisions of this paragraph.

18         (4)  On all tangible personal property imported or

19  caused to be imported from other states, territories, the

20  District of Columbia, or any foreign country, and used by him

21  or her, and on all services purchased in other states,

22  territories, the District of Columbia, or any foreign country,

23  and used by him or her, the dealer, as herein defined, shall

24  pay the tax imposed by this chapter on all articles of

25  tangible personal property so imported and used, the same as

26  if such articles had been sold at retail for use or

27  consumption in this state.  For the purposes of this chapter,

28  the use, or consumption, or distribution, or storage to be

29  used or consumed in this state of tangible personal property

30  shall each be equivalent to a sale at retail, and the tax

31  shall thereupon immediately levy and be collected in the

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  1  manner provided herein, provided there shall be no duplication

  2  of the tax in any event.

  3         (5)(a)1.  Except as provided in subparagraph 2., it is

  4  not the intention of this chapter to levy a tax upon tangible

  5  personal property imported, produced, or manufactured in this

  6  state for export, provided that tangible personal property may

  7  not be considered as being imported, produced, or manufactured

  8  for export unless the importer, producer, or manufacturer

  9  delivers the same to a licensed exporter for exporting or to a

10  common carrier for shipment outside the state or mails the

11  same by United States mail to a destination outside the state;

12  or, in the case of aircraft being exported under their own

13  power to a destination outside the continental limits of the

14  United States, by submission to the department of a duly

15  signed and validated United States customs declaration,

16  showing the departure of the aircraft from the continental

17  United States; and further with respect to aircraft, the

18  canceled United States registry of said aircraft; or in the

19  case of parts and equipment installed on aircraft of foreign

20  registry, by submission to the department of documentation,

21  the extent of which shall be provided by rule, showing the

22  departure of the aircraft from the continental United States;

23  nor is it the intention of this chapter to levy a tax on any

24  sale which the state is prohibited from taxing under the

25  Constitution or laws of the United States. Every retail sale

26  made to a person physically present at the time of sale shall

27  be presumed to have been delivered in this state.

28         2.a.  Notwithstanding subparagraph 1., a tax is levied

29  on each sale of tangible personal property to be transported

30  to a cooperating state as defined in sub-subparagraph c., at

31  the rate specified in sub-subparagraph d. However, a Florida

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  1  dealer will be relieved from the requirements of collecting

  2  taxes pursuant to this subparagraph if the Florida dealer

  3  obtains from the purchaser an affidavit setting forth the

  4  purchaser's name, address, state taxpayer identification

  5  number, and a statement that the purchaser is aware of his or

  6  her state's use tax laws, is a registered dealer in Florida or

  7  another state, or is purchasing the tangible personal property

  8  for resale or is otherwise not required to pay the tax on the

  9  transaction.  The department may, by rule, provide a form to

10  be used for the purposes set forth herein.

11         b.  For purposes of this subparagraph, "a cooperating

12  state" is one determined by the executive director of the

13  department to cooperate satisfactorily with this state in

14  collecting taxes on mail order sales.  No state shall be so

15  determined unless it meets all the following minimum

16  requirements:

17         (I)  It levies and collects taxes on mail order sales

18  of property transported from that state to persons in this

19  state, as described in s. 212.0596, upon request of the

20  department.

21         (II)  The tax so collected shall be at the rate

22  specified in s. 212.05, not including any local option or

23  tourist or convention development taxes collected pursuant to

24  s. 125.0104 or this chapter.

25         (III)  Such state agrees to remit to the department all

26  taxes so collected no later than 30 days from the last day of

27  the calendar quarter following their collection.

28         (IV)  Such state authorizes the department to audit

29  dealers within its jurisdiction who make mail order sales that

30  are the subject of s. 212.0596, or makes arrangements deemed

31

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  1  adequate by the department for auditing them with its own

  2  personnel.

  3         (V)  Such state agrees to provide to the department

  4  records obtained by it from retailers or dealers in such state

  5  showing delivery of tangible personal property into this state

  6  upon which no sales or use tax has been paid in a manner

  7  similar to that provided in sub-subparagraph g.

  8         c.  For purposes of this subparagraph, "sales of

  9  tangible personal property to be transported to a cooperating

10  state" means mail order sales to a person who is in the

11  cooperating state at the time the order is executed, from a

12  dealer who receives that order in this state.

13         d.  The tax levied by sub-subparagraph a. shall be at

14  the rate at which such a sale would have been taxed pursuant

15  to the cooperating state's tax laws if consummated in the

16  cooperating state by a dealer and a purchaser, both of whom

17  were physically present in that state at the time of the sale.

18         e.  The tax levied by sub-subparagraph a., when

19  collected, shall be held in the State Treasury in trust for

20  the benefit of the cooperating state and shall be paid to it

21  at a time agreed upon between the department, acting for this

22  state, and the cooperating state or the department or agency

23  designated by it to act for it; however, such payment shall in

24  no event be made later than 30 days from the last day of the

25  calendar quarter after the tax was collected.  Funds held in

26  trust for the benefit of a cooperating state shall not be

27  subject to the service charges imposed by s. 215.20.

28         f.  The department is authorized to perform such acts

29  and to provide such cooperation to a cooperating state with

30  reference to the tax levied by sub-subparagraph a. as is

31  required of the cooperating state by sub-subparagraph b.

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  1         g.  In furtherance of this act, dealers selling

  2  tangible personal property for delivery in another state shall

  3  make available to the department, upon request of the

  4  department, records of all tangible personal property so sold.

  5  Such records shall include a description of the property, the

  6  name and address of the purchaser, the name and address of the

  7  person to whom the property was sent, the purchase price of

  8  the property, information regarding whether sales tax was paid

  9  in this state on the purchase price, and such other

10  information as the department may by rule prescribe.

11         (b)1.  Notwithstanding the provisions of paragraph (a),

12  it is not the intention of this chapter to levy a tax on the

13  sale of tangible personal property to a nonresident dealer who

14  does not hold a Florida sales tax registration, provided such

15  nonresident dealer furnishes the seller a statement declaring

16  that the tangible personal property will be transported

17  outside this state by the nonresident dealer for resale and

18  for no other purpose.  The statement shall include, but not be

19  limited to, the nonresident dealer's name, address, applicable

20  passport or visa number, arrival-departure card number, and

21  evidence of authority to do business in the nonresident

22  dealer's home state or country, such as his or her business

23  name and address, occupational license number, if applicable,

24  or any other suitable requirement. The statement shall be

25  signed by the nonresident dealer and shall include the

26  following sentence: "Under penalties of perjury, I declare

27  that I have read the foregoing, and the facts alleged are true

28  to the best of my knowledge and belief."

29         2.  The burden of proof of subparagraph 1. rests with

30  the seller, who must retain the proper documentation to

31

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  1  support the exempt sale.  The exempt transaction is subject to

  2  verification by the department.

  3         (c)  Notwithstanding the provisions of paragraph (a),

  4  it is not the intention of this chapter to levy a tax on the

  5  sale by a printer to a nonresident print purchaser of material

  6  printed by that printer for that nonresident print purchaser

  7  when the print purchaser does not furnish the printer a resale

  8  certificate containing a sales tax registration number but

  9  does furnish to the printer a statement declaring that such

10  material will be resold by the nonresident print purchaser.

11         (6)  It is however, the intention of this chapter to

12  levy a tax on the sale at retail, the use, the consumption,

13  the distribution, and the storage to be used or consumed in

14  this state of tangible personal property after it has come to

15  rest in this state and has become a part of the mass property

16  of this state.

17         (7)  The provisions of this chapter do not apply in

18  respect to the use or consumption of tangible personal

19  property or services, or distribution or storage of tangible

20  personal property for use or consumption in this state, upon

21  which a like tax equal to or greater than the amount imposed

22  by this chapter has been lawfully imposed and paid in another

23  state, territory of the United States, or the District of

24  Columbia.  The proof of payment of such tax shall be made

25  according to rules and regulations of the department. If the

26  amount of tax paid in another state, territory of the United

27  States, or the District of Columbia is not equal to or greater

28  than the amount of tax imposed by this chapter, then the

29  dealer shall pay to the department an amount sufficient to

30  make the tax paid in the other state, territory of the United

31

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  1  States, or the District of Columbia and in this state equal to

  2  the amount imposed by this chapter.

  3         (8)(a)  Use tax will apply and be due on tangible

  4  personal property imported or caused to be imported into this

  5  state for use, consumption, distribution, or storage to be

  6  used or consumed in this state; provided, however, that,

  7  except as provided in paragraph (b), it shall be presumed that

  8  tangible personal property used in another state, territory of

  9  the United States, or the District of Columbia for 6 months or

10  longer before being imported into this state was not purchased

11  for use in this state.  The rental or lease of tangible

12  personal property which is used or stored in this state shall

13  be taxable without regard to its prior use or tax paid on

14  purchase outside this state.

15         (b)  The presumption that tangible personal property

16  used in another state, territory of the United States, or the

17  District of Columbia for 6 months or longer before being

18  imported into this state was not purchased for use in this

19  state does not apply to any boat for which a saltwater fishing

20  license fee is required to be paid pursuant to s.

21  370.0605(2)(b)1., 2., or 3., either directly or indirectly,

22  for the purpose of taking, attempting to take, or possessing

23  any marine fish for noncommercial purposes.  Use tax shall

24  apply and be due on such a boat as provided in this paragraph,

25  and proof of payment of such tax must be presented prior to

26  the first such licensure of the boat, registration of the boat

27  pursuant to chapter 328, and titling of the boat pursuant to

28  chapter 328. A boat that is first licensed within 1 year after

29  purchase shall be subject to use tax on the full amount of the

30  purchase price; a boat that is first licensed in the second

31  year after purchase shall be subject to use tax on 90 percent

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  1  of the purchase price; a boat that is first licensed in the

  2  third year after purchase shall be subject to use tax on 80

  3  percent of the purchase price; a boat that is first licensed

  4  in the fourth year after purchase shall be subject to use tax

  5  on 70 percent of the purchase price; a boat that is first

  6  licensed in the fifth year after purchase shall be subject to

  7  use tax on 60 percent of the purchase price; and a boat that

  8  is first licensed in the sixth year after purchase, or later,

  9  shall be subject to use tax on 50 percent of the purchase

10  price.  If the purchaser fails to provide the purchase invoice

11  on such boat, the fair market value of the boat at the time of

12  importation into this state shall be used to compute the tax.

13         (9)  The taxes imposed by this chapter do not apply to

14  the use, sale, or distribution of religious publications,

15  bibles, hymn books, prayer books, vestments, altar

16  paraphernalia, sacramental chalices, and like church service

17  and ceremonial raiments and equipment.

18         (10)  No title certificate may be issued on any boat,

19  mobile home, motor vehicle, or other vehicle, or, if no title

20  is required by law, no license or registration may be issued

21  for any boat, mobile home, motor vehicle, or other vehicle,

22  unless there is filed with such application for title

23  certificate or license or registration certificate a receipt,

24  issued by an authorized dealer or a designated agent of the

25  Department of Revenue, evidencing the payment of the tax

26  imposed by this chapter where the same is payable. A

27  presumption of sales and use tax applicability is created if

28  the motor vehicle is registered in this state.  For the

29  purpose of enforcing this provision, all county tax collectors

30  and all persons or firms authorized to sell or issue boat,

31  mobile home, and motor vehicle licenses are hereby designated

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  1  agents of the department and are required to perform such duty

  2  in the same manner and under the same conditions prescribed

  3  for their other duties by the constitution or any statute of

  4  this state.  All transfers of title to boats, mobile homes,

  5  motor vehicles, and other vehicles are taxable transactions,

  6  unless expressly exempt under this chapter.

  7         (11)(a)  Notwithstanding any other provision of this

  8  chapter, the taxes imposed by this chapter shall not be

  9  imposed on promotional materials, which are imported,

10  purchased, sold, used, manufactured, fabricated, processed,

11  printed, imprinted, assembled, distributed, or stored in this

12  state, if the promotional materials are subsequently exported

13  outside this state, and regardless of whether the exportation

14  process is continuous and unbroken, a separate consideration

15  is charged for the material so exported, or the taxpayer

16  keeps, retains, or exercises any right, power, dominion, or

17  control over the promotional materials before or for the

18  purpose of subsequently transporting them outside this state.

19         (b)  As used in this subsection, the term promotional

20  materials means tangible personal property that is given away

21  or otherwise distributed to promote the sale of a subscription

22  to a publication; written or printed advertising material,

23  direct mail literature, correspondence, written solicitations,

24  renewal notices, and billings for sales connected with or to

25  promote the sale of a subscription to a publication; and the

26  component parts of each of these types of promotional

27  materials.

28         (c)  After July 1, 1992, This exemption inures to the

29  taxpayer only through refund of previously paid taxes or by

30  self-accruing taxes as provided in s. 212.183 and applies only

31

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  1  where the seller of subscriptions to publications sold in the

  2  state:

  3         1.  Is registered with the department pursuant to this

  4  chapter; and

  5         2.  Remits the taxes imposed by this chapter on such

  6  publications.

  7         (d)  This subsection applies retroactively to July 1,

  8  1987.

  9         (12)  In lieu of any other facts which may indicate

10  commingling, any boat which remains in this state for more

11  than an aggregate of 183 days in any 1-year period, except as

12  provided in subsection (8) or s. 212.08(7)(t), shall be

13  presumed to be commingled with the general mass of property of

14  this state.

15         (13)  Registered aircraft dealers who purchase aircraft

16  exclusively for resale and do not pay sales tax on the

17  purchase price at the time of purchase shall pay a use tax

18  computed on 1 percent of the value of the aircraft each

19  calendar month that the aircraft is used by the dealer.

20  Payment of such tax shall commence in the month during which

21  the aircraft is first used for any purpose for which income is

22  received by the dealer. A dealer may pay the sales tax on the

23  purchase of the aircraft in lieu of the monthly use tax. The

24  value of the aircraft shall include its acquisition cost and

25  the cost of reconditioning that enhances the value of the

26  aircraft and shall generally be the value shown on the books

27  of the dealer in accordance with generally accepted accounting

28  principles. Notwithstanding the payment by the dealer of tax

29  computed on 1 percent of the value of any aircraft, if the

30  aircraft is leased or rented, the dealer shall collect from

31  the customer and remit the tax that is due on the lease or

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  1  rental of the aircraft; such payments do not diminish or

  2  offset any use tax due from the dealer.

  3         (13)(14)  For the purpose of determining whether a

  4  person is improving real property, the term:

  5         (a)  "Real property" means the land and improvements

  6  thereto and fixtures and is synonymous with the terms "realty"

  7  and "real estate."

  8         (b)  "Fixtures" means items that are an accessory to a

  9  building, other structure, or land and that do not lose their

10  identity as accessories when installed but that do become

11  permanently attached to realty. However, the term does not

12  include the following items, whether or not such items are

13  attached to real property in a permanent manner:  trade

14  fixtures; property of a type that is required to be

15  registered, licensed, titled, or documented by this state or

16  by the United States Government, including, but not limited

17  to, mobile homes, except mobile homes assessed as real

18  property; or machinery or equipment. For an item to be

19  considered a fixture, it is not necessary that the owner of

20  the item also own the real property to which it is attached.

21         (c)  "Improvements to real property" includes the

22  activities of building, erecting, constructing, altering,

23  improving, repairing, or maintaining real property.

24         (14)(15)(a)  When a contractor secures rock, shell,

25  fill dirt, or similar materials from a location that he or she

26  owns or leases and uses such materials to fulfill a real

27  property contract on the property of another person, the

28  contractor is the ultimate consumer of such materials and is

29  liable for use tax thereon. This paragraph does not apply to a

30  person or a corporation or affiliated group as defined by s.

31  220.03(1)(b) or (e) that secures such materials from a

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  1  location that he, she, or it owns for use on his, her, or its

  2  own property. The basis upon which the contractor shall remit

  3  the tax is the fair retail market value determined by

  4  establishing either the price he or she would have to pay for

  5  it on the open market or the price he or she would regularly

  6  charge if he or she sold it to other contractors or users.

  7         (b)  When a contractor does not own or lease the land

  8  but has entered into an agreement to purchase fill dirt, rock,

  9  shell, or similar materials for his or her own use and wherein

10  the contractor will excavate and remove the material, the

11  taxable basis shall include the cost of the material plus all

12  costs of clearing, excavating, and removing, including labor

13  and all other costs incurred by the contractor.

14         (c)  In lieu of the method described in paragraph (a)

15  for determining the taxable basis on rock, shell, fill dirt,

16  and similar materials a contractor uses in performing a

17  contract for the improvement of real property, the taxable

18  basis may be calculated as the land cost plus all costs of

19  clearing, excavating, and loading, including labor, power,

20  blasting, and similar costs.

21         (d)  No tax is applicable when the Department of

22  Transportation furnishes without charge the borrow materials

23  or the pits where materials are to be extracted for use on a

24  road contract.

25         (15)(16)(a)  Notwithstanding other provisions of this

26  chapter, the use by the publisher of a newspaper, magazine, or

27  periodical of copies for his or her own consumption or to be

28  given away is taxable at the usual retail price thereof, if

29  any, or at the "cost price."

30         (b)  For the purposes of this subsection, the term

31  "cost price" means the actual cost of printing of newspapers,

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  1  magazines, and other publications, without any deductions

  2  therefrom on account of the cost of materials used, labor or

  3  services cost, transportation charges, or other direct or

  4  indirect overhead costs that are a part of printing costs of

  5  the property. However, the cost of labor to manufacture,

  6  produce, compound, process, or fabricate expendable items of

  7  tangible personal property which are directly used by such

  8  person in printing other tangible personal property for sale

  9  or for his or her own use is exempt. Authors' royalties, fees,

10  or salaries, general overhead, and other costs not directly

11  related to printing shall be deemed to be labor associated

12  with manufacturing, producing, compounding, processing, or

13  fabricating expendable items.

14         Section 12.  Effective July 1, 2004, section 212.0601,

15  Florida Statutes, is reenacted to read:

16         212.0601  Use taxes of vehicle dealers.--

17         (1)  Each motor vehicle dealer who is required by s.

18  320.08(12) to purchase one or more dealer license plates shall

19  pay an annual use tax of $27 for each dealer license plate

20  purchased under that subsection, in addition to the license

21  tax imposed by that subsection.  The use tax shall be for the

22  year for which the dealer license plate was purchased.

23         (2)  There shall be no additional tax imposed by this

24  chapter for the use of a dealer license plate for which, after

25  July 1, 1987, a dealer use tax has been paid under this

26  section.  This exemption shall apply to the time period before

27  the sale or any other disposition of the vehicle throughout

28  the year for which the dealer license plate required by s.

29  320.08(12) is purchased.

30         (3)  Unless otherwise exempted by law, a motor vehicle

31  dealer who loans a vehicle to any person at no charge shall

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  1  accrue use tax based on the annual lease value as determined

  2  by the United States Internal Revenue Service's Automobile

  3  Annual Lease Value Table.

  4         (4)  Notwithstanding the provisions of a motor vehicle

  5  rental agreement, no sales or use tax and no rental car

  6  surcharge pursuant to s. 212.0606 shall accrue to the use of a

  7  motor vehicle provided at no charge to a person whose motor

  8  vehicle is being repaired, adjusted, or serviced by the entity

  9  providing the replacement motor vehicle.

10         Section 13.  Effective July 1, 2004, section 212.0602,

11  Florida Statutes, is reenacted to read:

12         212.0602  Education; limited exemption.--To facilitate

13  investment in education and job training, there is also exempt

14  from the taxes levied under this chapter, subject to the

15  provisions of this section, the purchase or lease of

16  materials, equipment, and other items or the license in or

17  lease of real property by any entity, institution, or

18  organization that is primarily engaged in teaching students to

19  perform any of the activities or services described in s.

20  212.031(1)(a)9., that conducts classes at a fixed location

21  located in this state, that is licensed under chapter 246, and

22  that has at least 500 enrolled students.  Any entity,

23  institution, or organization meeting the requirements of this

24  section shall be deemed to qualify for the exemptions in ss.

25  212.031(1)(a)9. and 212.08(5)(f) and (12), and to qualify for

26  an exemption for its purchase or lease of materials,

27  equipment, and other items used for education or demonstration

28  of the school's curriculum, including supporting operations.

29  Nothing in this section shall preclude an entity described in

30  this section from qualifying for any other exemption provided

31  for in this chapter.

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  1         Section 14.  Effective July 1, 2004, section 212.07,

  2  Florida Statutes, is amended to read:

  3         212.07  Sales, storage, use tax; tax added to purchase

  4  price; dealer not to absorb; liability of purchasers who

  5  cannot prove payment of the tax; penalties; general

  6  exemptions.--

  7         (1)(a)  The privilege tax herein levied measured by

  8  retail sales shall be collected by the dealers from the

  9  purchaser or consumer.

10         (b)  A resale must be in strict compliance with s.

11  212.18 and the rules and regulations, and any dealer who makes

12  a sale for resale which is not in strict compliance with s.

13  212.18 and the rules and regulations shall himself or herself

14  be liable for and pay the tax. Any dealer who makes a sale for

15  resale shall document the exempt nature of the transaction, as

16  established by rules promulgated by the department, by

17  retaining a copy of the purchaser's resale certificate.  In

18  lieu of maintaining a copy of the certificate, a dealer may

19  document, prior to the time of sale, an authorization number

20  provided telephonically or electronically by the department,

21  or by such other means established by rule of the department.

22  The department shall adopt rules that provide that, for

23  purchasers who purchase on account from a dealer on a

24  continual basis, the dealer may rely on a resale certificate

25  issued pursuant to s. 212.18(3)(c), valid at the time of

26  receipt from the purchaser, without seeking annual

27  verification of the resale certificate.  A dealer may, through

28  the informal protest provided for in s. 213.21 and the rules

29  of the Department of Revenue, provide the department with

30  evidence of the exempt status of a sale. Consumer certificates

31  of exemption executed by those exempt entities that were

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  1  registered with the department at the time of sale, resale

  2  certificates provided by purchasers who were active dealers at

  3  the time of sale, and verification by the department of a

  4  purchaser's active dealer status at the time of sale in lieu

  5  of a resale certificate shall be accepted by the department

  6  when submitted during the protest period, but may not be

  7  accepted in any proceeding under chapter 120 or any circuit

  8  court action instituted under chapter 72.

  9         (c)  Unless the purchaser of tangible personal property

10  that is incorporated into tangible personal property

11  manufactured, produced, compounded, processed, or fabricated

12  for one's own use and subject to the tax imposed under s.

13  212.06(1)(b) or is purchased for export under s.

14  212.06(5)(a)1. extends a certificate in compliance with the

15  rules of the department, the dealer shall himself or herself

16  be liable for and pay the tax.

17         (2)  A dealer shall, as far as practicable, add the

18  amount of the tax imposed under this chapter to the sale

19  price, and the amount of the tax shall be separately stated as

20  Florida tax on any charge ticket, sales slip, invoice, or

21  other tangible evidence of sale.  Such tax shall constitute a

22  part of such price, charge, or proof of sale which shall be a

23  debt from the purchaser or consumer to the dealer, until paid,

24  and shall be recoverable at law in the same manner as other

25  debts.  Where it is impracticable, due to the nature of the

26  business practices within an industry, to separately state

27  Florida tax on any charge ticket, sales slip, invoice, or

28  other tangible evidence of sale, the department may establish

29  an effective tax rate for such industry.  The department may

30  also amend this effective tax rate as the industry's pricing

31  or practices change. Except as otherwise specifically

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  1  provided, any dealer who neglects, fails, or refuses to

  2  collect the tax herein provided upon any, every, and all

  3  retail sales made by the dealer or the dealer's agents or

  4  employees of tangible personal property or services which are

  5  subject to the tax imposed by this chapter shall be liable for

  6  and pay the tax himself or herself.

  7         (3)  Any dealer who fails, neglects, or refuses to

  8  collect the tax herein provided, either by himself or herself

  9  or through the dealer's agents or employees, is, in addition

10  to the penalty of being liable for and paying the tax himself

11  or herself, guilty of a misdemeanor of the first degree,

12  punishable as provided in s. 775.082 or s. 775.083.

13         (4)  A dealer engaged in any business taxable under

14  this chapter may not advertise or hold out to the public, in

15  any manner, directly or indirectly, that he or she will absorb

16  all or any part of the tax, or that he or she will relieve the

17  purchaser of the payment of all or any part of the tax, or

18  that the tax will not be added to the selling price of the

19  property or services sold or released or, when added, that it

20  or any part thereof will be refunded either directly or

21  indirectly by any method whatsoever.  A person who violates

22  this provision with respect to advertising or refund is guilty

23  of a misdemeanor of the second degree, punishable as provided

24  in s. 775.082 or s. 775.083. A second or subsequent offense

25  constitutes a misdemeanor of the first degree, punishable as

26  provided in s. 775.082 or s. 775.083.

27         (5)(a)  The gross proceeds derived from the sale in

28  this state of livestock, poultry, and other farm products

29  direct from the farm are exempted from the tax levied by this

30  chapter provided such sales are made directly by the

31  producers.  The producers shall be entitled to such exemptions

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  1  although the livestock so sold in this state may have been

  2  registered with a breeders' or registry association prior to

  3  the sale and although the sale takes place at a livestock show

  4  or race meeting, so long as the sale is made by the original

  5  producer and within this state.  When sales of livestock,

  6  poultry, or other farm products are made to consumers by any

  7  person, as defined herein, other than a producer, they are not

  8  exempt from the tax imposed by this chapter. The foregoing

  9  exemption does not apply to ornamental nursery stock offered

10  for retail sale by the producer.

11         (b)  Sales of race horses at claiming races are

12  taxable; however, if sufficient information is provided by

13  race track officials to properly administer the tax, sales tax

14  is due only on the maximum single amount for which a horse is

15  sold at all races at which it is claimed during an entire

16  racing season.

17         (6)  It is specifically provided that the use tax as

18  defined herein does not apply to livestock and livestock

19  products, to poultry and poultry products, or to farm and

20  agricultural products, when produced by the farmer and used by

21  him or her and members of the farmer's family and his or her

22  employees on the farm.

23         (7)  Provided, however, that each and every

24  agricultural commodity sold by any person, other than a

25  producer, to any other person who purchases not for direct

26  consumption but for the purpose of acquiring raw products for

27  use or for sale in the process of preparing, finishing, or

28  manufacturing such agricultural commodity for the ultimate

29  retail consumer trade shall be and is exempted from any and

30  all provisions of this chapter, including payment of the tax

31  applicable to the sale, storage, use, or transfer, or any

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  1  other utilization or handling thereof, except when such

  2  agricultural commodity is actually sold as a marketable or

  3  finished product to the ultimate consumer; in no case shall

  4  more than one tax be exacted.

  5         (8)  Any person who has purchased at retail, used,

  6  consumed, distributed, or stored for use or consumption in

  7  this state tangible personal property, admissions,

  8  communication or other services taxable under this chapter, or

  9  leased tangible personal property, or who has leased,

10  occupied, or used or was entitled to use any real property,

11  space or spaces in parking lots or garages for motor vehicles,

12  docking or storage space or spaces for boats in boat docks or

13  marinas, and cannot prove that the tax levied by this chapter

14  has been paid to his or her vendor, lessor, or other person is

15  directly liable to the state for any tax, interest, or penalty

16  due on any such taxable transactions.

17         Section 15.  Effective July 1, 2004, section 212.08,

18  Florida Statutes, is amended to read:

19         212.08  Sales, rental, use, consumption, distribution,

20  and storage tax; specified exemptions.--The sale at retail,

21  the rental, the use, the consumption, the distribution, and

22  the storage to be used or consumed in this state of the

23  following are hereby specifically exempt from the tax imposed

24  by this chapter.

25         (1)  EXEMPTIONS; GENERAL GROCERIES.--

26         (a)  Food products for human consumption are exempt

27  from the tax imposed by this chapter.

28         (b)  For the purpose of this chapter, as used in this

29  subsection, the term "food products" means edible commodities,

30  whether processed, cooked, raw, canned, or in any other form,

31

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  1  which are generally regarded as food. This includes, but is

  2  not limited to, all of the following:

  3         1.  Cereals and cereal products, baked goods,

  4  oleomargarine, meat and meat products, fish and seafood

  5  products, frozen foods and dinners, poultry, eggs and egg

  6  products, vegetables and vegetable products, fruit and fruit

  7  products, spices, salt, sugar and sugar products, milk and

  8  dairy products, and products intended to be mixed with milk.

  9         2.  Natural fruit or vegetable juices or their

10  concentrates or reconstituted natural concentrated fruit or

11  vegetable juices, whether frozen or unfrozen, dehydrated,

12  powdered, granulated, sweetened or unsweetened, seasoned with

13  salt or spice, or unseasoned; coffee, coffee substitutes, or

14  cocoa; and tea, unless it is sold in a liquid form.

15         3.  Bakery products sold by bakeries, pastry shops, or

16  like establishments that do not have eating facilities.

17         (c)  The exemption provided by this subsection does not

18  apply:

19         1.  When the food products are sold as meals for

20  consumption on or off the premises of the dealer.

21         2.  When the food products are furnished, prepared, or

22  served for consumption at tables, chairs, or counters or from

23  trays, glasses, dishes, or other tableware, whether provided

24  by the dealer or by a person with whom the dealer contracts to

25  furnish, prepare, or serve food products to others.

26         3.  When the food products are ordinarily sold for

27  immediate consumption on the seller's premises or near a

28  location at which parking facilities are provided primarily

29  for the use of patrons in consuming the products purchased at

30  the location, even though such products are sold on a "take

31

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  1  out" or "to go" order and are actually packaged or wrapped and

  2  taken from the premises of the dealer.

  3         4.  To sandwiches sold ready for immediate consumption

  4  on or off the seller's premises.

  5         5.  When the food products are sold ready for immediate

  6  consumption within a place, the entrance to which is subject

  7  to an admission charge.

  8         6.  When the food products are sold as hot prepared

  9  food products.

10         7.  To soft drinks, which include, but are not limited

11  to, any nonalcoholic beverage, any preparation or beverage

12  commonly referred to as a "soft drink," or any noncarbonated

13  drink made from milk derivatives or tea, when sold in cans or

14  similar containers.

15         8.  To ice cream, frozen yogurt, and similar frozen

16  dairy or nondairy products in cones, small cups, or pints,

17  popsicles, frozen fruit bars, or other novelty items, whether

18  or not sold separately.

19         9.  To food prepared, whether on or off the premises,

20  and sold for immediate consumption. This does not apply to

21  food prepared off the premises and sold in the original sealed

22  container, or the slicing of products into smaller portions.

23         10.  When the food products are sold through a vending

24  machine, pushcart, motor vehicle, or any other form of

25  vehicle.

26         11.  To candy and any similar product regarded as candy

27  or confection, based on its normal use, as indicated on the

28  label or advertising thereof.

29         12.  To bakery products sold by bakeries, pastry shops,

30  or like establishments that have eating facilities, except

31  when sold for consumption off the seller's premises.

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  1         13.  When food products are served, prepared, or sold

  2  in or by restaurants, lunch counters, cafeterias, hotels,

  3  taverns, or other like places of business.

  4         (d)  As used in this subsection, the term:

  5         1.  "For consumption off the seller's premises" means

  6  that the food or drink is intended by the customer to be

  7  consumed at a place away from the dealer's premises.

  8         2.  "For consumption on the seller's premises" means

  9  that the food or drink sold may be immediately consumed on the

10  premises where the dealer conducts his or her business. In

11  determining whether an item of food is sold for immediate

12  consumption, there shall be considered the customary

13  consumption practices prevailing at the selling facility.

14         3.  "Premises" shall be construed broadly, and means,

15  but is not limited to, the lobby, aisle, or auditorium of a

16  theater; the seating, aisle, or parking area of an arena,

17  rink, or stadium; or the parking area of a drive-in or outdoor

18  theater. The premises of a caterer with respect to catered

19  meals or beverages shall be the place where such meals or

20  beverages are served.

21         4.  "Hot prepared food products" means those products,

22  items, or components which have been prepared for sale in a

23  heated condition and which are sold at any temperature that is

24  higher than the air temperature of the room or place where

25  they are sold. "Hot prepared food products," for the purposes

26  of this subsection, includes a combination of hot and cold

27  food items or components where a single price has been

28  established for the combination and the food products are sold

29  in such combination, such as a hot meal, a hot specialty dish

30  or serving, or a hot sandwich or hot pizza, including cold

31  components or side items.

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  1         (e)1.  Food or drinks not exempt under paragraphs (a),

  2  (b), (c), and (d) shall be exempt, notwithstanding those

  3  paragraphs, when purchased with food coupons or Special

  4  Supplemental Food Program for Women, Infants, and Children

  5  vouchers issued under authority of federal law.

  6         2.  This paragraph is effective only while federal law

  7  prohibits a state's participation in the federal food coupon

  8  program or Special Supplemental Food Program for Women,

  9  Infants, and Children if there is an official determination

10  that state or local sales taxes are collected within that

11  state on purchases of food or drinks with such coupons.

12         3.  This paragraph shall not apply to any food or

13  drinks on which federal law shall permit sales taxes without

14  penalty, such as termination of the state's participation.

15         (2)  EXEMPTIONS; MEDICAL.--

16         (a)  There shall be exempt from the tax imposed by this

17  chapter any medical products and supplies or medicine

18  dispensed according to an individual prescription or

19  prescriptions written by a prescriber authorized by law to

20  prescribe medicinal drugs; hypodermic needles; hypodermic

21  syringes; chemical compounds and test kits used for the

22  diagnosis or treatment of human disease, illness, or injury;

23  and common household remedies recommended and generally sold

24  for internal or external use in the cure, mitigation,

25  treatment, or prevention of illness or disease in human

26  beings, but not including cosmetics or toilet articles,

27  notwithstanding the presence of medicinal ingredients therein,

28  according to a list prescribed and approved by the Department

29  of Health, which list shall be certified to the Department of

30  Revenue from time to time and included in the rules

31  promulgated by the Department of Revenue. There shall also be

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  1  exempt from the tax imposed by this chapter artificial eyes

  2  and limbs; orthopedic shoes; prescription eyeglasses and items

  3  incidental thereto or which become a part thereof; dentures;

  4  hearing aids; crutches; prosthetic and orthopedic appliances;

  5  and funerals. In addition, any items intended for one-time use

  6  which transfer essential optical characteristics to contact

  7  lenses shall be exempt from the tax imposed by this chapter;

  8  however, this exemption shall apply only after $100,000 of the

  9  tax imposed by this chapter on such items has been paid in any

10  calendar year by a taxpayer who claims the exemption in such

11  year. Funeral directors shall pay tax on all tangible personal

12  property used by them in their business.

13         (b)  For the purposes of this subsection:

14         1.  "Prosthetic and orthopedic appliances" means any

15  apparatus, instrument, device, or equipment used to replace or

16  substitute for any missing part of the body, to alleviate the

17  malfunction of any part of the body, or to assist any disabled

18  person in leading a normal life by facilitating such person's

19  mobility.  Such apparatus, instrument, device, or equipment

20  shall be exempted according to an individual prescription or

21  prescriptions written by a physician licensed under chapter

22  458, chapter 459, chapter 460, chapter 461, or chapter 466, or

23  according to a list prescribed and approved by the Department

24  of Health, which list shall be certified to the Department of

25  Revenue from time to time and included in the rules

26  promulgated by the Department of Revenue.

27         2.  "Cosmetics" means articles intended to be rubbed,

28  poured, sprinkled, or sprayed on, introduced into, or

29  otherwise applied to the human body for cleansing,

30  beautifying, promoting attractiveness, or altering the

31  appearance and also means articles intended for use as a

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  1  compound of any such articles, including, but not limited to,

  2  cold creams, suntan lotions, makeup, and body lotions.

  3         3.  "Toilet articles" means any article advertised or

  4  held out for sale for grooming purposes and those articles

  5  that are customarily used for grooming purposes, regardless of

  6  the name by which they may be known, including, but not

  7  limited to, soap, toothpaste, hair spray, shaving products,

  8  colognes, perfumes, shampoo, deodorant, and mouthwash.

  9         4.  "Prescription" includes any order for drugs or

10  medicinal supplies written or transmitted by any means of

11  communication by a duly licensed practitioner authorized by

12  the laws of the state to prescribe such drugs or medicinal

13  supplies and intended to be dispensed by a pharmacist. The

14  term also includes an orally transmitted order by the lawfully

15  designated agent of such practitioner. The term also includes

16  an order written or transmitted by a practitioner licensed to

17  practice in a jurisdiction other than this state, but only if

18  the pharmacist called upon to dispense such order determines,

19  in the exercise of his or her professional judgment, that the

20  order is valid and necessary for the treatment of a chronic or

21  recurrent illness. The term also includes a pharmacist's order

22  for a product selected from the formulary created pursuant to

23  s. 465.186. A prescription may be retained in written form, or

24  the pharmacist may cause it to be recorded in a data

25  processing system, provided that such order can be produced in

26  printed form upon lawful request.

27         (c)  Chlorine shall not be exempt from the tax imposed

28  by this chapter when used for the treatment of water in

29  swimming pools.

30         (d)  Lithotripters are exempt.

31         (e)  Human organs are exempt.

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  1         (f)  Sales of drugs to or by physicians, dentists,

  2  veterinarians, and hospitals in connection with medical

  3  treatment are exempt.

  4         (g)  Medical products and supplies used in the cure,

  5  mitigation, alleviation, prevention, or treatment of injury,

  6  disease, or incapacity which are temporarily or permanently

  7  incorporated into a patient or client by a practitioner of the

  8  healing arts licensed in the state are exempt.

  9         (h)  The purchase by a veterinarian of commonly

10  recognized substances possessing curative or remedial

11  properties which are ordered and dispensed as treatment for a

12  diagnosed health disorder by or on the prescription of a duly

13  licensed veterinarian, and which are applied to or consumed by

14  animals for alleviation of pain or the cure or prevention of

15  sickness, disease, or suffering are exempt. Also exempt are

16  the purchase by a veterinarian of antiseptics, absorbent

17  cotton, gauze for bandages, lotions, vitamins, and worm

18  remedies.

19         (i)  X-ray opaques, also known as opaque drugs and

20  radiopaque, such as the various opaque dyes and barium

21  sulphate, when used in connection with medical X rays for

22  treatment of bodies of humans and animals, are exempt.

23         (j)  Parts, special attachments, special lettering, and

24  other like items that are added to or attached to tangible

25  personal property so that a handicapped person can use them

26  are exempt when such items are purchased by a person pursuant

27  to an individual prescription.

28         (k)  This subsection shall be strictly construed and

29  enforced.

30         (3)  EXEMPTIONS, PARTIAL; CERTAIN FARM

31  EQUIPMENT.--There shall be taxable at the rate of 2.5 percent

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  1  the sale, rental, lease, use, consumption, or storage for use

  2  in this state of self-propelled, power-drawn, or power-driven

  3  farm equipment used exclusively on a farm or in a forest in

  4  the agricultural production of crops or products as produced

  5  by those agricultural industries included in s. 570.02(1), or

  6  for fire prevention and suppression work with respect to such

  7  crops or products. Harvesting may not be construed to include

  8  processing activities. This exemption is not forfeited by

  9  moving farm equipment between farms or forests. However, this

10  exemption shall not be allowed unless the purchaser, renter,

11  or lessee signs a certificate stating that the farm equipment

12  is to be used exclusively on a farm or in a forest for

13  agricultural production or for fire prevention and

14  suppression, as required by this subsection. Possession by a

15  seller, lessor, or other dealer of a written certification by

16  the purchaser, renter, or lessee certifying the purchaser's,

17  renter's, or lessee's entitlement to an exemption permitted by

18  this subsection relieves the seller from the responsibility of

19  collecting the tax on the nontaxable amounts, and the

20  department shall look solely to the purchaser for recovery of

21  such tax if it determines that the purchaser was not entitled

22  to the exemption.

23         (4)  EXEMPTIONS; ITEMS BEARING OTHER EXCISE TAXES,

24  ETC.--

25         (a)  Also exempt are:

26         1.  Water delivered to the purchaser through pipes or

27  conduits or delivered for irrigation purposes. The sale of

28  drinking water in bottles, cans, or other containers,

29  including water that contains minerals or carbonation in its

30  natural state or water to which minerals have been added at a

31  water treatment facility regulated by the Department of

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  1  Environmental Protection or the Department of Health, is

  2  exempt. This exemption does not apply to the sale of drinking

  3  water in bottles, cans, or other containers if carbonation or

  4  flavorings, except those added at a water treatment facility,

  5  have been added. Water that has been enhanced by the addition

  6  of minerals and that does not contain any added carbonation or

  7  flavorings is also exempt.

  8         2.  All fuels used by a public or private utility,

  9  including any municipal corporation or rural electric

10  cooperative association, in the generation of electric power

11  or energy for sale.  Fuel other than motor fuel and diesel

12  fuel is taxable as provided in this chapter with the exception

13  of fuel expressly exempt herein.  Motor fuels and diesel fuels

14  are taxable as provided in chapter 206., with the exception of

15  those motor fuels and diesel fuels used by railroad

16  locomotives or vessels to transport persons or property in

17  interstate or foreign commerce, which are taxable under this

18  chapter only to the extent provided herein.  The basis of the

19  tax shall be the ratio of intrastate mileage to interstate or

20  foreign mileage traveled by the carrier's railroad locomotives

21  or vessels that were used in interstate or foreign commerce

22  and that had at least some Florida mileage during the previous

23  fiscal year of the carrier, such ratio to be determined at the

24  close of the fiscal year of the carrier.  This ratio shall be

25  applied each month to the total Florida purchases made in this

26  state of motor and diesel fuels to establish that portion of

27  the total used and consumed in intrastate movement and subject

28  to tax under this chapter. The basis for imposition of any

29  discretionary surtax shall be set forth in s. 212.054. Fuels

30  used exclusively in intrastate commerce do not qualify for the

31  proration of tax.

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  1         3.  The transmission or wheeling of electricity.

  2         (b)  Alcoholic beverages and malt beverages are not

  3  exempt. The terms "alcoholic beverages" and "malt beverages"

  4  as used in this paragraph have the same meanings ascribed to

  5  them in ss. 561.01(4) and 563.01, respectively.  It is

  6  determined by the Legislature that the classification of

  7  alcoholic beverages made in this paragraph for the purpose of

  8  extending the tax imposed by this chapter is reasonable and

  9  just, and it is intended that such tax be separate from, and

10  in addition to, any other tax imposed on alcoholic beverages.

11         (5)  EXEMPTIONS; ACCOUNT OF USE.--

12         (a)  Items in agricultural use and certain nets.--There

13  are exempt from the tax imposed by this chapter nets designed

14  and used exclusively by commercial fisheries; disinfectants,

15  fertilizers, insecticides, pesticides, herbicides, fungicides,

16  and weed killers used for application on crops or groves,

17  including commercial nurseries and home vegetable gardens,

18  used in dairy barns or on poultry farms for the purpose of

19  protecting poultry or livestock, or used directly on poultry

20  or livestock; portable containers or movable receptacles in

21  which portable containers are placed, used for processing farm

22  products; field and garden seeds, including flower seeds;

23  nursery stock, seedlings, cuttings, or other propagative

24  material purchased for growing stock; seeds, seedlings,

25  cuttings, and plants used to produce food for human

26  consumption; cloth, plastic, and other similar materials used

27  for shade, mulch, or protection from frost or insects on a

28  farm; generators used on poultry farms; and liquefied

29  petroleum gas or other fuel used to heat a structure in which

30  started pullets or broilers are raised; however, such

31  exemption shall not be allowed unless the purchaser or lessee

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  1  signs a certificate stating that the item to be exempted is

  2  for the exclusive use designated herein. Also exempt are

  3  cellophane wrappers, glue for tin and glass (apiarists),

  4  mailing cases for honey, shipping cases, window cartons, and

  5  baling wire and twine used for baling hay, when used by a

  6  farmer to contain, produce, or process an agricultural

  7  commodity.

  8         (b)  Machinery and equipment used to increase

  9  productive output.--

10         1.  Industrial machinery and equipment purchased for

11  exclusive use by a new business in spaceport activities as

12  defined by s. 212.02 or for use in new businesses which

13  manufacture, process, compound, or produce for sale items of

14  tangible personal property at fixed locations are exempt from

15  the tax imposed by this chapter upon an affirmative showing by

16  the taxpayer to the satisfaction of the department that such

17  items are used in a new business in this state. Such purchases

18  must be made prior to the date the business first begins its

19  productive operations, and delivery of the purchased item must

20  be made within 12 months of that date.

21         2.a.  Industrial machinery and equipment purchased for

22  exclusive use by an expanding facility which is engaged in

23  spaceport activities as defined by s. 212.02 or for use in

24  expanding manufacturing facilities or plant units which

25  manufacture, process, compound, or produce for sale items of

26  tangible personal property at fixed locations in this state

27  are exempt from any amount of tax imposed by this chapter in

28  excess of $50,000 per calendar year upon an affirmative

29  showing by the taxpayer to the satisfaction of the department

30  that such items are used to increase the productive output of

31

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  1  such expanded facility or business by not less than 10

  2  percent.

  3         b.  Notwithstanding any other provision of this

  4  section, industrial machinery and equipment purchased for use

  5  in expanding printing manufacturing facilities or plant units

  6  that manufacture, process, compound, or produce for sale items

  7  of tangible personal property at fixed locations in this state

  8  are exempt from any amount of tax imposed by this chapter upon

  9  an affirmative showing by the taxpayer to the satisfaction of

10  the department that such items are used to increase the

11  productive output of such an expanded business by not less

12  than 10 percent.

13         3.a.  To receive an exemption provided by subparagraph

14  1. or subparagraph 2., a qualifying business entity shall

15  apply to the department for a temporary tax exemption permit.

16  The application shall state that a new business exemption or

17  expanded business exemption is being sought. Upon a tentative

18  affirmative determination by the department pursuant to

19  subparagraph 1. or subparagraph 2., the department shall issue

20  such permit.

21         b.  The applicant shall be required to maintain all

22  necessary books and records to support the exemption. Upon

23  completion of purchases of qualified machinery and equipment

24  pursuant to subparagraph 1. or subparagraph 2., the temporary

25  tax permit shall be delivered to the department or returned to

26  the department by certified or registered mail.

27         c.  If, in a subsequent audit conducted by the

28  department, it is determined that the machinery and equipment

29  purchased as exempt under subparagraph 1. or subparagraph 2.

30  did not meet the criteria mandated by this paragraph or if

31  commencement of production did not occur, the amount of taxes

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  1  exempted at the time of purchase shall immediately be due and

  2  payable to the department by the business entity, together

  3  with the appropriate interest and penalty, computed from the

  4  date of purchase, in the manner prescribed by this chapter.

  5         d.  In the event a qualifying business entity fails to

  6  apply for a temporary exemption permit or if the tentative

  7  determination by the department required to obtain a temporary

  8  exemption permit is negative, a qualifying business entity

  9  shall receive the exemption provided in subparagraph 1. or

10  subparagraph 2. through a refund of previously paid taxes. No

11  refund may be made for such taxes unless the criteria mandated

12  by subparagraph 1. or subparagraph 2. have been met and

13  commencement of production has occurred.

14         4.  The department shall promulgate rules governing

15  applications for, issuance of, and the form of temporary tax

16  exemption permits; provisions for recapture of taxes; and the

17  manner and form of refund applications and may establish

18  guidelines as to the requisites for an affirmative showing of

19  increased productive output, commencement of production, and

20  qualification for exemption.

21         5.  The exemptions provided in subparagraphs 1. and 2.

22  do not apply to machinery or equipment purchased or used by

23  electric utility companies, communications companies, oil or

24  gas exploration or production operations, publishing firms

25  that do not export at least 50 percent of their finished

26  product out of the state, any firm subject to regulation by

27  the Division of Hotels and Restaurants of the Department of

28  Business and Professional Regulation, or any firm which does

29  not manufacture, process, compound, or produce for sale items

30  of tangible personal property or which does not use such

31  machinery and equipment in spaceport activities as required by

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  1  this paragraph. The exemptions provided in subparagraphs 1.

  2  and 2. shall apply to machinery and equipment purchased for

  3  use in phosphate or other solid minerals severance, mining, or

  4  processing operations only by way of a prospective credit

  5  against taxes due under chapter 211 for taxes paid under this

  6  chapter on such machinery and equipment.

  7         6.  For the purposes of the exemptions provided in

  8  subparagraphs 1. and 2., these terms have the following

  9  meanings:

10         a.  "Industrial machinery and equipment" means "section

11  38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the

12  Internal Revenue Code, provided "industrial machinery and

13  equipment" shall be construed by regulations adopted by the

14  Department of Revenue to mean tangible property used as an

15  integral part of spaceport activities or of the manufacturing,

16  processing, compounding, or producing for sale of items of

17  tangible personal property. Such term includes parts and

18  accessories only to the extent that the exemption thereof is

19  consistent with the provisions of this paragraph.

20         b.  "Productive output" means the number of units

21  actually produced by a single plant or operation in a single

22  continuous 12-month period, irrespective of sales. Increases

23  in productive output shall be measured by the output for 12

24  continuous months immediately following the completion of

25  installation of such machinery or equipment over the output

26  for the 12 continuous months immediately preceding such

27  installation. However, if a different 12-month continuous

28  period of time would more accurately reflect the increase in

29  productive output of machinery and equipment purchased to

30  facilitate an expansion, the increase in productive output may

31  be measured during that 12-month continuous period of time if

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  1  such time period is mutually agreed upon by the Department of

  2  Revenue and the expanding business prior to the commencement

  3  of production; provided, however, in no case may such time

  4  period begin later than 2 years following the completion of

  5  installation of the new machinery and equipment. The units

  6  used to measure productive output shall be physically

  7  comparable between the two periods, irrespective of sales.

  8         (c)  Machinery and equipment used in production of

  9  electrical or steam energy.--

10         1.  The purchase of machinery and equipment for use at

11  a fixed location which machinery and equipment are necessary

12  in the production of electrical or steam energy resulting from

13  the burning of boiler fuels other than residual oil is exempt

14  from the tax imposed by this chapter.  Such electrical or

15  steam energy must be primarily for use in manufacturing,

16  processing, compounding, or producing for sale items of

17  tangible personal property in this state. Use of a de minimis

18  amount of residual fuel to facilitate the burning of

19  nonresidual fuel shall not reduce the exemption otherwise

20  available under this paragraph.

21         2.  In facilities where machinery and equipment are

22  necessary to burn both residual and nonresidual fuels, the

23  exemption shall be prorated. Such proration shall be based

24  upon the production of electrical or steam energy from

25  nonresidual fuels as a percentage of electrical or steam

26  energy from all fuels. If it is determined that 15 percent or

27  less of all electrical or steam energy generated was produced

28  by burning residual fuel, the full exemption shall apply.

29  Purchasers claiming a partial exemption shall obtain such

30  exemption by refund of taxes paid, or as otherwise provided in

31  the department's rules.

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  1         3.  The department may adopt rules that provide for

  2  implementation of this exemption. Purchasers of machinery and

  3  equipment qualifying for the exemption provided in this

  4  paragraph shall furnish the department with an affidavit

  5  stating that the item or items to be exempted are for the use

  6  designated herein. Any person furnishing a false affidavit to

  7  the vendor for the purpose of evading payment of any tax

  8  imposed under this chapter shall be subject to the penalty set

  9  forth in s. 212.085 and as otherwise provided by law.

10  Purchasers with self-accrual authority shall maintain all

11  documentation necessary to prove the exempt status of

12  purchases.

13         (d)  Machinery and equipment used under federal

14  procurement contract.--

15         1.  Industrial machinery and equipment purchased by an

16  expanding business which manufactures tangible personal

17  property pursuant to federal procurement regulations at fixed

18  locations in this state are partially exempt from the tax

19  imposed in this chapter on that portion of the tax which is in

20  excess of $100,000 per calendar year upon an affirmative

21  showing by the taxpayer to the satisfaction of the department

22  that such items are used to increase the implicit productive

23  output of the expanded business by not less than 10 percent.

24  The percentage of increase is measured as deflated implicit

25  productive output for the calendar year during which the

26  installation of the machinery or equipment is completed or

27  during which commencement of production utilizing such items

28  is begun divided by the implicit productive output for the

29  preceding calendar year.  In no case may the commencement of

30  production begin later than 2 years following completion of

31  installation of the machinery or equipment.

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  1         2.  The amount of the exemption allowed shall equal the

  2  taxes otherwise imposed by this chapter in excess of $100,000

  3  per calendar year on qualifying industrial machinery or

  4  equipment reduced by the percentage of gross receipts from

  5  cost-reimbursement type contracts attributable to the plant or

  6  operation to total gross receipts so attributable, accrued for

  7  the year of completion or commencement.

  8         3.  The exemption provided by this paragraph shall

  9  inure to the taxpayer only through refund of previously paid

10  taxes.  Such refund shall be made within 30 days of formal

11  approval by the department of the taxpayer's application,

12  which application may be made on an annual basis following

13  installation of the machinery or equipment.

14         4.  For the purposes of this paragraph, the term:

15         a.  "Cost-reimbursement type contracts" has the same

16  meaning as in 32 C.F.R. s. 3-405.

17         b.  "Deflated implicit productive output" means the

18  product of implicit productive output times the quotient of

19  the national defense implicit price deflator for the preceding

20  calendar year divided by the deflator for the year of

21  completion or commencement.

22         c.  "Eligible costs" means the total direct and

23  indirect costs, as defined in 32 C.F.R. ss. 15-202 and 15-203,

24  excluding general and administrative costs, selling expenses,

25  and profit, defined by the uniform cost-accounting standards

26  adopted by the Cost-Accounting Standards Board created

27  pursuant to 50 U.S.C. s. 2168.

28         d.  "Implicit productive output" means the annual

29  eligible costs attributable to all contracts or subcontracts

30  subject to federal procurement regulations of the single plant

31  or operation at which the machinery or equipment is used.

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  1         e.  "Industrial machinery and equipment" means "section

  2  38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the

  3  Internal Revenue Code, provided such industrial machinery and

  4  equipment qualified as an eligible cost under federal

  5  procurement regulations and are used as an integral part of

  6  the tangible personal property production process.  Such term

  7  includes parts and accessories only to the extent that the

  8  exemption of such parts and accessories is consistent with the

  9  provisions of this paragraph.

10         f.  "National defense implicit price deflator" means

11  the national defense implicit price deflator for the gross

12  national product as determined by the Bureau of Economic

13  Analysis of the United States Department of Commerce.

14         5.  The exclusions provided in subparagraph (b)5. apply

15  to this exemption.  This exemption applies only to machinery

16  or equipment purchased pursuant to production contracts with

17  the United States Department of Defense and Armed Forces, the

18  National Aeronautics and Space Administration, and other

19  federal agencies for which the contracts are classified for

20  national security reasons.  In no event shall the provisions

21  of this paragraph apply to any expanding business the increase

22  in productive output of which could be measured under the

23  provisions of sub-subparagraph (b)6.b. as physically

24  comparable between the two periods.

25         (e)  Gas used for certain agricultural

26  purposes.--Butane gas, propane gas, natural gas, and all other

27  forms of liquefied petroleum gases are exempt from the tax

28  imposed by this chapter if used in any tractor, vehicle, or

29  other farm equipment which is used exclusively on a farm or

30  for processing farm products on the farm and no part of which

31  gas is used in any vehicle or equipment driven or operated on

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  1  the public highways of this state. This restriction does not

  2  apply to the movement of farm vehicles or farm equipment

  3  between farms.  The transporting of bees by water and the

  4  operating of equipment used in the apiary of a beekeeper is

  5  also deemed an exempt use.

  6         (f)  Motion picture or video equipment used in motion

  7  picture or television production activities and sound

  8  recording equipment used in the production of master tapes and

  9  master records.--

10         1.  Motion picture or video equipment and sound

11  recording equipment purchased or leased for use in this state

12  in production activities is exempt from the tax imposed by

13  this chapter. The exemption provided by this paragraph shall

14  inure to the taxpayer upon presentation of the certificate of

15  exemption issued to the taxpayer under the provisions of s.

16  288.1258.

17         2.  For the purpose of the exemption provided in

18  subparagraph 1.:

19         a.  "Motion picture or video equipment" and "sound

20  recording equipment" includes only equipment meeting the

21  definition of "section 38 property" as defined in s.

22  48(a)(1)(A) and (B)(i) of the Internal Revenue Code that is

23  used by the lessee or purchaser exclusively as an integral

24  part of production activities; however, motion picture or

25  video equipment and sound recording equipment does not include

26  supplies, tape, records, film, or video tape used in

27  productions or other similar items; vehicles or vessels; or

28  general office equipment not specifically suited to production

29  activities.  In addition, the term does not include equipment

30  purchased or leased by television or radio broadcasting or

31

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  1  cable companies licensed by the Federal Communications

  2  Commission.

  3         b.  "Production activities" means activities directed

  4  toward the preparation of a:

  5         (I)  Master tape or master record embodying sound; or

  6         (II)  Motion picture or television production which is

  7  produced for theatrical, commercial, advertising, or

  8  educational purposes and utilizes live or animated actions or

  9  a combination of live and animated actions. The motion picture

10  or television production shall be commercially produced for

11  sale or for showing on screens or broadcasting on television

12  and may be on film or video tape.

13         (f)(g)  Building materials used in the rehabilitation

14  of real property located in an enterprise zone.--

15         1.  Building materials used in the rehabilitation of

16  real property located in an enterprise zone shall be exempt

17  from the tax imposed by this chapter upon an affirmative

18  showing to the satisfaction of the department that the items

19  have been used for the rehabilitation of real property located

20  in an enterprise zone. Except as provided in subparagraph 2.,

21  this exemption inures to the owner, lessee, or lessor of the

22  rehabilitated real property located in an enterprise zone only

23  through a refund of previously paid taxes. To receive a refund

24  pursuant to this paragraph, the owner, lessee, or lessor of

25  the rehabilitated real property located in an enterprise zone

26  must file an application under oath with the governing body or

27  enterprise zone development agency having jurisdiction over

28  the enterprise zone where the business is located, as

29  applicable, which includes:

30         a.  The name and address of the person claiming the

31  refund.

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  1         b.  An address and assessment roll parcel number of the

  2  rehabilitated real property in an enterprise zone for which a

  3  refund of previously paid taxes is being sought.

  4         c.  A description of the improvements made to

  5  accomplish the rehabilitation of the real property.

  6         d.  A copy of the building permit issued for the

  7  rehabilitation of the real property.

  8         e.  A sworn statement, under the penalty of perjury,

  9  from the general contractor licensed in this state with whom

10  the applicant contracted to make the improvements necessary to

11  accomplish the rehabilitation of the real property, which

12  statement lists the building materials used in the

13  rehabilitation of the real property, the actual cost of the

14  building materials, and the amount of sales tax paid in this

15  state on the building materials. In the event that a general

16  contractor has not been used, the applicant shall provide this

17  information in a sworn statement, under the penalty of

18  perjury. Copies of the invoices which evidence the purchase of

19  the building materials used in such rehabilitation and the

20  payment of sales tax on the building materials shall be

21  attached to the sworn statement provided by the general

22  contractor or by the applicant. Unless the actual cost of

23  building materials used in the rehabilitation of real property

24  and the payment of sales taxes due thereon is documented by a

25  general contractor or by the applicant in this manner, the

26  cost of such building materials shall be an amount equal to 40

27  percent of the increase in assessed value for ad valorem tax

28  purposes.

29         f.  The identifying number assigned pursuant to s.

30  290.0065 to the enterprise zone in which the rehabilitated

31  real property is located.

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  1         g.  A certification by the local building code

  2  inspector that the improvements necessary to accomplish the

  3  rehabilitation of the real property are substantially

  4  completed.

  5         h.  Whether the business is a small business as defined

  6  by s. 288.703(1).

  7         i.  If applicable, the name and address of each

  8  permanent employee of the business, including, for each

  9  employee who is a resident of an enterprise zone, the

10  identifying number assigned pursuant to s. 290.0065 to the

11  enterprise zone in which the employee resides.

12         2.  This exemption inures to a city, county, other

13  governmental agency, or nonprofit community-based organization

14  through a refund of previously paid taxes if the building

15  materials used in the rehabilitation of real property located

16  in an enterprise zone are paid for from the funds of a

17  community development block grant, State Housing Initiatives

18  Partnership Program, or similar grant or loan program. To

19  receive a refund pursuant to this paragraph, a city, county,

20  other governmental agency, or nonprofit community-based

21  organization must file an application which includes the same

22  information required to be provided in subparagraph 1. by an

23  owner, lessee, or lessor of rehabilitated real property. In

24  addition, the application must include a sworn statement

25  signed by the chief executive officer of the city, county,

26  other governmental agency, or nonprofit community-based

27  organization seeking a refund which states that the building

28  materials for which a refund is sought were paid for from the

29  funds of a community development block grant, State Housing

30  Initiatives Partnership Program, or similar grant or loan

31  program.

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  1         3.  Within 10 working days after receipt of an

  2  application, the governing body or enterprise zone development

  3  agency shall review the application to determine if it

  4  contains all the information required pursuant to subparagraph

  5  1. or subparagraph 2. and meets the criteria set out in this

  6  paragraph. The governing body or agency shall certify all

  7  applications that contain the information required pursuant to

  8  subparagraph 1. or subparagraph 2. and meet the criteria set

  9  out in this paragraph as eligible to receive a refund. If

10  applicable, the governing body or agency shall also certify if

11  20 percent of the employees of the business are residents of

12  an enterprise zone, excluding temporary and part-time

13  employees. The certification shall be in writing, and a copy

14  of the certification shall be transmitted to the executive

15  director of the Department of Revenue. The applicant shall be

16  responsible for forwarding a certified application to the

17  department within the time specified in subparagraph 4.

18         4.  An application for a refund pursuant to this

19  paragraph must be submitted to the department within 6 months

20  after the rehabilitation of the property is deemed to be

21  substantially completed by the local building code inspector

22  or within 90 days after the rehabilitated property is first

23  subject to assessment.

24         5.  The provisions of s. 212.095 do not apply to any

25  refund application made pursuant to this paragraph. No more

26  than one exemption through a refund of previously paid taxes

27  for the rehabilitation of real property shall be permitted for

28  any one parcel of real property. No refund shall be granted

29  pursuant to this paragraph unless the amount to be refunded

30  exceeds $500. No refund granted pursuant to this paragraph

31  shall exceed the lesser of 97 percent of the Florida sales or

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  1  use tax paid on the cost of the building materials used in the

  2  rehabilitation of the real property as determined pursuant to

  3  sub-subparagraph 1.e. or $5,000, or, if no less than 20

  4  percent of the employees of the business are residents of an

  5  enterprise zone, excluding temporary and part-time employees,

  6  the amount of refund granted pursuant to this paragraph shall

  7  not exceed the lesser of 97 percent of the sales tax paid on

  8  the cost of such building materials or $10,000. A refund

  9  approved pursuant to this paragraph shall be made within 30

10  days of formal approval by the department of the application

11  for the refund.

12         6.  The department shall adopt rules governing the

13  manner and form of refund applications and may establish

14  guidelines as to the requisites for an affirmative showing of

15  qualification for exemption under this paragraph.

16         7.  The department shall deduct an amount equal to 10

17  percent of each refund granted under the provisions of this

18  paragraph from the amount transferred into the Local

19  Government Half-cent Sales Tax Clearing Trust Fund pursuant to

20  s. 212.20 for the county area in which the rehabilitated real

21  property is located and shall transfer that amount to the

22  General Revenue Fund.

23         8.  For the purposes of the exemption provided in this

24  paragraph:

25         a.  "Building materials" means tangible personal

26  property which becomes a component part of improvements to

27  real property.

28         b.  "Real property" has the same meaning as provided in

29  s. 192.001(12).

30

31

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  1         c.  "Rehabilitation of real property" means the

  2  reconstruction, renovation, restoration, rehabilitation,

  3  construction, or expansion of improvements to real property.

  4         d.  "Substantially completed" has the same meaning as

  5  provided in s. 192.042(1).

  6         9.  The provisions of this paragraph shall expire and

  7  be void on December 31, 2005.

  8         (g)(h)  Business property used in an enterprise zone.--

  9         1.  Business property purchased for use by businesses

10  located in an enterprise zone which is subsequently used in an

11  enterprise zone shall be exempt from the tax imposed by this

12  chapter. This exemption inures to the business only through a

13  refund of previously paid taxes. A refund shall be authorized

14  upon an affirmative showing by the taxpayer to the

15  satisfaction of the department that the requirements of this

16  paragraph have been met.

17         2.  To receive a refund, the business must file under

18  oath with the governing body or enterprise zone development

19  agency having jurisdiction over the enterprise zone where the

20  business is located, as applicable, an application which

21  includes:

22         a.  The name and address of the business claiming the

23  refund.

24         b.  The identifying number assigned pursuant to s.

25  290.0065 to the enterprise zone in which the business is

26  located.

27         c.  A specific description of the property for which a

28  refund is sought, including its serial number or other

29  permanent identification number.

30         d.  The location of the property.

31

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  1         e.  The sales invoice or other proof of purchase of the

  2  property, showing the amount of sales tax paid, the date of

  3  purchase, and the name and address of the sales tax dealer

  4  from whom the property was purchased.

  5         f.  Whether the business is a small business as defined

  6  by s. 288.703(1).

  7         g.  If applicable, the name and address of each

  8  permanent employee of the business, including, for each

  9  employee who is a resident of an enterprise zone, the

10  identifying number assigned pursuant to s. 290.0065 to the

11  enterprise zone in which the employee resides.

12         3.  Within 10 working days after receipt of an

13  application, the governing body or enterprise zone development

14  agency shall review the application to determine if it

15  contains all the information required pursuant to subparagraph

16  2. and meets the criteria set out in this paragraph. The

17  governing body or agency shall certify all applications that

18  contain the information required pursuant to subparagraph 2.

19  and meet the criteria set out in this paragraph as eligible to

20  receive a refund. If applicable, the governing body or agency

21  shall also certify if 20 percent of the employees of the

22  business are residents of an enterprise zone, excluding

23  temporary and part-time employees. The certification shall be

24  in writing, and a copy of the certification shall be

25  transmitted to the executive director of the Department of

26  Revenue. The business shall be responsible for forwarding a

27  certified application to the department within the time

28  specified in subparagraph 4.

29         4.  An application for a refund pursuant to this

30  paragraph must be submitted to the department within 6 months

31

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  1  after the tax is due on the business property that is

  2  purchased.

  3         5.  The provisions of s. 212.095 do not apply to any

  4  refund application made pursuant to this paragraph. The amount

  5  refunded on purchases of business property under this

  6  paragraph shall be the lesser of 97 percent of the sales tax

  7  paid on such business property or $5,000, or, if no less than

  8  20 percent of the employees of the business are residents of

  9  an enterprise zone, excluding temporary and part-time

10  employees, the amount refunded on purchases of business

11  property under this paragraph shall be the lesser of 97

12  percent of the sales tax paid on such business property or

13  $10,000. A refund approved pursuant to this paragraph shall be

14  made within 30 days of formal approval by the department of

15  the application for the refund. No refund shall be granted

16  under this paragraph unless the amount to be refunded exceeds

17  $100 in sales tax paid on purchases made within a 60-day time

18  period.

19         6.  The department shall adopt rules governing the

20  manner and form of refund applications and may establish

21  guidelines as to the requisites for an affirmative showing of

22  qualification for exemption under this paragraph.

23         7.  If the department determines that the business

24  property is used outside an enterprise zone within 3 years

25  from the date of purchase, the amount of taxes refunded to the

26  business purchasing such business property shall immediately

27  be due and payable to the department by the business, together

28  with the appropriate interest and penalty, computed from the

29  date of purchase, in the manner provided by this chapter.

30  Notwithstanding this subparagraph, business property used

31  exclusively in:

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  1         a.  Licensed commercial fishing vessels,

  2         b.  Fishing guide boats, or

  3         c.  Ecotourism guide boats

  4

  5  that leave and return to a fixed location within an area

  6  designated under s. 370.28 are eligible for the exemption

  7  provided under this paragraph if all requirements of this

  8  paragraph are met. Such vessels and boats must be owned by a

  9  business that is eligible to receive the exemption provided

10  under this paragraph. This exemption does not apply to the

11  purchase of a vessel or boat.

12         8.  The department shall deduct an amount equal to 10

13  percent of each refund granted under the provisions of this

14  paragraph from the amount transferred into the Local

15  Government Half-cent Sales Tax Clearing Trust Fund pursuant to

16  s. 212.20 for the county area in which the business property

17  is located and shall transfer that amount to the General

18  Revenue Fund.

19         9.  For the purposes of this exemption, "business

20  property" means new or used property defined as "recovery

21  property" in s. 168(c) of the Internal Revenue Code of 1954,

22  as amended, except:

23         a.  Property classified as 3-year property under s.

24  168(c)(2)(A) of the Internal Revenue Code of 1954, as amended;

25         b.  Industrial machinery and equipment as defined in

26  sub-subparagraph (b)6.a. and eligible for exemption under

27  paragraph (b);

28         c.  Building materials as defined in sub-subparagraph

29  (g)8.a.; and

30         d.  Business property having a sales price of under

31  $5,000 per unit.

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  1         10.  The provisions of this paragraph shall expire and

  2  be void on December 31, 2005.

  3         (h)(i)  Aircraft modification services.--There shall be

  4  exempt from the tax imposed by this chapter all charges for

  5  aircraft modification services, including parts and equipment

  6  furnished or installed in connection therewith, performed

  7  under authority of a supplemental type certificate issued by

  8  the Federal Aviation Administration.

  9         (i)(j)  Machinery and equipment used in semiconductor,

10  defense, or space technology production and research and

11  development.--

12         1.a.  Industrial machinery and equipment used in

13  semiconductor technology facilities certified under

14  subparagraph 6. to manufacture, process, compound, or produce

15  semiconductor technology products for sale or for use by these

16  facilities are exempt from the tax imposed by this chapter.

17  For purposes of this paragraph, industrial machinery and

18  equipment includes molds, dies, machine tooling, other

19  appurtenances or accessories to machinery and equipment,

20  testing equipment, test beds, computers, and software, whether

21  purchased or self-fabricated, and, if self-fabricated,

22  includes materials and labor for design, fabrication, and

23  assembly.

24         b.  Industrial machinery and equipment used in defense

25  or space technology facilities certified under subparagraph 6.

26  to manufacture, process, compound, or produce defense

27  technology products or space technology products for sale or

28  for use by these facilities are exempt from 25 percent of the

29  tax imposed by this chapter.

30         2.a.  Machinery and equipment are exempt from the tax

31  imposed by this chapter if used predominately in semiconductor

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  1  wafer research and development activities in a semiconductor

  2  technology research and development facility certified under

  3  subparagraph 6. For purposes of this paragraph, machinery and

  4  equipment includes molds, dies, machine tooling, other

  5  appurtenances or accessories to machinery and equipment,

  6  testing equipment, test beds, computers, and software, whether

  7  purchased or self-fabricated, and, if self-fabricated,

  8  includes materials and labor for design, fabrication, and

  9  assembly.

10         b.  Machinery and equipment are exempt from 25 percent

11  of the tax imposed by this chapter if used predominately in

12  defense or space research and development activities in a

13  defense or space technology research and development facility

14  certified under subparagraph 6.

15         3.  Building materials purchased for use in

16  manufacturing or expanding clean rooms in

17  semiconductor-manufacturing facilities are exempt from the tax

18  imposed by this chapter.

19         4.  In addition to meeting the criteria mandated by

20  subparagraph 1., subparagraph 2., or subparagraph 3., a

21  business must be certified by the Office of Tourism, Trade,

22  and Economic Development as authorized in this paragraph in

23  order to qualify for exemption under this paragraph.

24         5.  For items purchased tax exempt pursuant to this

25  paragraph, possession of a written certification from the

26  purchaser, certifying the purchaser's entitlement to exemption

27  pursuant to this paragraph, relieves the seller of the

28  responsibility of collecting the tax on the sale of such

29  items, and the department shall look solely to the purchaser

30  for recovery of tax if it determines that the purchaser was

31  not entitled to the exemption.

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  1         6.a.  To be eligible to receive the exemption provided

  2  by subparagraph 1., subparagraph 2., or subparagraph 3., a

  3  qualifying business entity shall apply to Enterprise Florida,

  4  Inc. The application shall be developed by the Office of

  5  Tourism, Trade, and Economic Development in consultation with

  6  Enterprise Florida, Inc.

  7         b.  Enterprise Florida, Inc., shall review each

  8  submitted application and information and determine whether or

  9  not the application is complete within 5 working days. Once an

10  application is complete, Enterprise Florida, Inc., shall,

11  within 10 working days, evaluate the application and recommend

12  approval or disapproval of the application to the Office of

13  Tourism, Trade, and Economic Development.

14         c.  Upon receipt of the application and recommendation

15  from Enterprise Florida, Inc., the Office of Tourism, Trade,

16  and Economic Development shall certify within 5 working days

17  those applicants who are found to meet the requirements of

18  this section and notify the applicant, Enterprise Florida,

19  Inc., and the department of the certification. If the Office

20  of Tourism, Trade, and Economic Development finds that the

21  applicant does not meet the requirements of this section, it

22  shall notify the applicant and Enterprise Florida, Inc.,

23  within 10 working days that the application for certification

24  has been denied and the reasons for denial. The Office of

25  Tourism, Trade, and Economic Development has final approval

26  authority for certification under this section.

27         7.a.  A business may apply once each year for the

28  exemption.

29         b.  The application must indicate, for program

30  evaluation purposes only, the average number of full-time

31  equivalent employees at the facility over the preceding

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  1  calendar year, the average wage and benefits paid to those

  2  employees over the preceding calendar year, the total

  3  investment made in real and tangible personal property over

  4  the preceding calendar year, and the total value of tax-exempt

  5  purchases and taxes exempted during the previous year. The

  6  department shall assist the Office of Tourism, Trade, and

  7  Economic Development in evaluating and verifying information

  8  provided in the application for exemption.

  9         c.  The Office of Tourism, Trade, and Economic

10  Development may use the information reported on the

11  application for evaluation purposes only and shall prepare an

12  annual report on the exemption program and its cost and

13  impact. The annual report for the preceding fiscal year shall

14  be submitted to the Governor, the President of the Senate, and

15  the Speaker of the House of Representatives by September 30 of

16  each fiscal year. This report may be submitted in conjunction

17  with the annual report required in s. 288.095(3)(c).

18         8.  A business certified to receive this exemption may

19  elect to designate one or more state universities or community

20  colleges as recipients of up to 100 percent of the amount of

21  the exemption for which they may qualify. To receive these

22  funds, the institution must agree to match the funds so earned

23  with equivalent cash, programs, services, or other in-kind

24  support on a one-to-one basis in the pursuit of research and

25  development projects as requested by the certified business.

26  The rights to any patents, royalties, or real or intellectual

27  property must be vested in the business unless otherwise

28  agreed to by the business and the university or community

29  college.

30         9.  As used in this paragraph, the term:

31

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  1         a.  "Predominately" means at least 50 percent of the

  2  time in qualifying research and development.

  3         b.  "Research and development" means basic and applied

  4  research in the science or engineering, as well as the design,

  5  development, and testing of prototypes or processes of new or

  6  improved products. Research and development does not include

  7  market research, routine consumer product testing, sales

  8  research, research in the social sciences or psychology,

  9  nontechnological activities, or technical services.

10         c.  "Semiconductor technology products" means raw

11  semiconductor wafers or semiconductor thin films that are

12  transformed into semiconductor memory or logic wafers,

13  including wafers containing mixed memory and logic circuits;

14  related assembly and test operations; active-matrix flat panel

15  displays; semiconductor chips; semiconductor lasers;

16  optoelectronic elements; and related semiconductor technology

17  products as determined by the Office of Tourism, Trade, and

18  Economic Development.

19         d.  "Clean rooms" means manufacturing facilities

20  enclosed in a manner that meets the clean manufacturing

21  requirements necessary for high-technology

22  semiconductor-manufacturing environments.

23         e.  "Defense technology products" means products that

24  have a military application, including, but not limited to,

25  weapons, weapons systems, guidance systems, surveillance

26  systems, communications or information systems, munitions,

27  aircraft, vessels, or boats, or components thereof, which are

28  intended for military use and manufactured in performance of a

29  contract with the United States Department of Defense or the

30  military branch of a recognized foreign government or a

31

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  1  subcontract thereunder which relates to matters of national

  2  defense.

  3         f.  "Space technology products" means products that are

  4  specifically designed or manufactured for application in space

  5  activities, including, but not limited to, space launch

  6  vehicles, missiles, satellites or research payloads, avionics,

  7  and associated control systems and processing systems. The

  8  term does not include products that are designed or

  9  manufactured for general commercial aviation or other uses

10  even though those products may also serve an incidental use in

11  space applications.

12         (j)(k)  Samples.--Paint color card samples, flooring

13  and wall samples, fabric swatch samples, window covering

14  samples, and similar samples, when such samples serve no

15  useful purpose other than as a comparison of color, texture,

16  or design; are provided by the manufacturer to a dealer or

17  ultimate consumer for no charge; and are given away by the

18  dealer to the ultimate consumer for no charge, are exempt.

19         (k)(l)  Growth enhancers or performance enhancers for

20  cattle.--There is exempt from the tax imposed by this chapter

21  the sale of performance-enhancing or growth-enhancing products

22  for cattle.

23         (l)(m)  Educational materials purchased by certain

24  child care facilities.--Educational materials, such as glue,

25  paper, paints, crayons, unique craft items, scissors, books,

26  and educational toys, purchased by a child care facility that

27  meets the standards delineated in s. 402.305, is licensed

28  under s. 402.308, holds a current Gold Seal Quality Care

29  designation pursuant to s. 402.281, and provides basic health

30  insurance to all employees are exempt from the taxes imposed

31  by this chapter. For purposes of this paragraph, the term

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  1  "basic health insurance" shall be defined and promulgated in

  2  rules developed jointly by the Department of Children and

  3  Family Services, the Agency for Health Care Administration,

  4  and the Department of Insurance.

  5         (m)(n)  Materials for construction of single-family

  6  homes in certain areas.--

  7         1.  As used in this paragraph, the term:

  8         a.  "Building materials" means tangible personal

  9  property that becomes a component part of a qualified home.

10         b.  "Qualified home" means a single-family home having

11  an appraised value of no more than $160,000 which is located

12  in an enterprise zone, empowerment zone, or Front Porch

13  Florida Community and which is constructed and occupied by the

14  owner thereof for residential purposes.

15         c.  "Substantially completed" has the same meaning as

16  provided in s. 192.042(1).

17         2.  Building materials used in the construction of a

18  qualified home and the costs of labor associated with the

19  construction of a qualified home are exempt from the tax

20  imposed by this chapter upon an affirmative showing to the

21  satisfaction of the department that the requirements of this

22  paragraph have been met. This exemption inures to the owner

23  through a refund of previously paid taxes. To receive this

24  refund, the owner must file an application under oath with the

25  department which includes:

26         a.  The name and address of the owner.

27         b.  The address and assessment roll parcel number of

28  the home for which a refund is sought.

29         c.  A copy of the building permit issued for the home.

30         d.  A certification by the local building code

31  inspector that the home is substantially completed.

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  1         e.  A sworn statement, under penalty of perjury, from

  2  the general contractor licensed in this state with whom the

  3  owner contracted to construct the home, which statement lists

  4  the building materials used in the construction of the home

  5  and the actual cost thereof, the labor costs associated with

  6  such construction, and the amount of sales tax paid on these

  7  materials and labor costs. If a general contractor was not

  8  used, the owner shall provide this information in a sworn

  9  statement, under penalty of perjury. Copies of invoices

10  evidencing payment of sales tax must be attached to the sworn

11  statement.

12         f.  A sworn statement, under penalty of perjury, from

13  the owner affirming that he or she is occupying the home for

14  residential purposes.

15         3.  An application for a refund under this paragraph

16  must be submitted to the department within 6 months after the

17  date the home is deemed to be substantially completed by the

18  local building code inspector. Within 30 working days after

19  receipt of the application, the department shall determine if

20  it meets the requirements of this paragraph. A refund approved

21  pursuant to this paragraph shall be made within 30 days after

22  formal approval of the application by the department. The

23  provisions of s. 212.095 do not apply to any refund

24  application made under this paragraph.

25         4.  The department shall establish by rule an

26  application form and criteria for establishing eligibility for

27  exemption under this paragraph.

28         5.  The exemption shall apply to purchases of materials

29  on or after July 1, 2000.

30         (n)(o)  Building materials in redevelopment projects.--

31         1.  As used in this paragraph, the term:

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  1         a.  "Building materials" means tangible personal

  2  property that becomes a component part of a housing project or

  3  a mixed-use project.

  4         b.  "Housing project" means the conversion of an

  5  existing manufacturing or industrial building to housing units

  6  in an urban high-crime area, enterprise zone, empowerment

  7  zone, Front Porch Community, designated brownfield area, or

  8  urban infill area and in which the developer agrees to set

  9  aside at least 20 percent of the housing units in the project

10  for low-income and moderate-income persons.

11         c.  "Mixed-use project" means the conversion of an

12  existing manufacturing or industrial building to mixed-use

13  units that include artists' studios, art and entertainment

14  services, or other compatible uses. A mixed-use project must

15  be located in an urban high-crime area, enterprise zone,

16  empowerment zone, Front Porch Community, designated brownfield

17  area, or urban infill area, and the developer must agree to

18  set aside at least 20 percent of the square footage of the

19  project for low-income and moderate-income housing.

20         d.  "Substantially completed" has the same meaning as

21  provided in s. 192.042(1).

22         2.  Building materials used in the construction of a

23  housing project or mixed-use project are exempt from the tax

24  imposed by this chapter upon an affirmative showing to the

25  satisfaction of the department that the requirements of this

26  paragraph have been met. This exemption inures to the owner

27  through a refund of previously paid taxes. To receive this

28  refund, the owner must file an application under oath with the

29  department which includes:

30         a.  The name and address of the owner.

31

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  1         b.  The address and assessment roll parcel number of

  2  the project for which a refund is sought.

  3         c.  A copy of the building permit issued for the

  4  project.

  5         d.  A certification by the local building code

  6  inspector that the project is substantially completed.

  7         e.  A sworn statement, under penalty of perjury, from

  8  the general contractor licensed in this state with whom the

  9  owner contracted to construct the project, which statement

10  lists the building materials used in the construction of the

11  project and the actual cost thereof, and the amount of sales

12  tax paid on these materials. If a general contractor was not

13  used, the owner shall provide this information in a sworn

14  statement, under penalty of perjury. Copies of invoices

15  evidencing payment of sales tax must be attached to the sworn

16  statement.

17         3.  An application for a refund under this paragraph

18  must be submitted to the department within 6 months after the

19  date the project is deemed to be substantially completed by

20  the local building code inspector. Within 30 working days

21  after receipt of the application, the department shall

22  determine if it meets the requirements of this paragraph. A

23  refund approved pursuant to this paragraph shall be made

24  within 30 days after formal approval of the application by the

25  department. The provisions of s. 212.095 do not apply to any

26  refund application made under this paragraph.

27         4.  The department shall establish by rule an

28  application form and criteria for establishing eligibility for

29  exemption under this paragraph.

30         5.  The exemption shall apply to purchases of materials

31  on or after July 1, 2000.

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  1         (o)(p)  Equipment used to deploy broadband

  2  technologies.--

  3         1.  Beginning July 1, 2000, equipment purchased by a

  4  communications service provider that is necessary for use in

  5  the deployment of broadband technologies in the state as part

  6  of the direct participation by the communications service

  7  provider in a network access point, which is defined as a

  8  carrier-neutral, public-private Internet traffic exchange

  9  point, in this state shall be exempt from the tax imposed by

10  this chapter. This exemption inures to the communications

11  service provider only through a refund of previously paid

12  taxes. A refund shall be authorized upon an affirmative

13  showing by the taxpayer to the satisfaction of the department

14  that the requirements of this paragraph have been met.

15         2.  To be entitled to a refund, an eligible

16  communications service provider must file under oath with the

17  department an application that includes:

18         a.  The name and address of the communications service

19  provider claiming to be entitled to the refund.

20         b.  A specific description of the property for which

21  the exemption is sought, including its serial number or other

22  permanent identification number.

23         c.  The location of the property.

24         d.  The sales invoice or other proof of purchase of the

25  property, showing the amount of sales tax paid, the date of

26  purchase, and the name and address of the sales tax dealer

27  from whom the property was purchased.

28         3.  An application for a refund pursuant to this

29  paragraph must be submitted to the department within 6 months

30  after the eligible property is purchased.

31

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  1         4.  The provisions of s. 212.095 do not apply to any

  2  refund application made pursuant to this paragraph. The

  3  department shall adopt rules governing the manner and form of

  4  refund applications and may establish guidelines as to the

  5  requisites for an affirmative showing of qualification for

  6  exemption under this paragraph.

  7         5.  For purposes of this paragraph:

  8         a.  "Broadband technology" means packaged technology

  9  that has the capability of supporting transmission speeds of

10  at least 1.544 megabits per second in both directions.

11         b.  "Communications service provider" means a company

12  that supports or provides individuals and other companies with

13  access to the Internet and other related services.

14         c.  "Equipment" includes asynchronous transfer mode

15  switches, digital subscriber line access multiplexers,

16  routers, servers, multiplexers, fiber optic connector

17  equipment, database equipment, and other network equipment

18  used to provide broadband technology and information services.

19         6.  Contingent upon annual appropriation, the

20  department may approve refunds up to the amount appropriated

21  for this refund program based on the filing of an application

22  pursuant to this paragraph. No refund shall be made with

23  respect to any application received by the department in any

24  year after the funds appropriated for that year have been

25  exhausted.

26         7.  This paragraph is repealed June 30, 2005.

27         (p)(q)  Community contribution tax credit for

28  donations.--

29         1.  Authorization.--Beginning July 1, 2001, persons who

30  are registered with the department under s. 212.18 to collect

31  or remit sales or use tax and who make donations to eligible

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  1  sponsors are eligible for tax credits against their state

  2  sales and use tax liabilities as provided in this paragraph:

  3         a.  The credit shall be computed as 50 percent of the

  4  person's approved annual community contribution;

  5         b.  The credit shall be granted as a refund against

  6  state sales and use taxes reported on returns and remitted in

  7  the 12 months preceding the date of application to the

  8  department for the credit as required in sub-subparagraph 3.c.

  9  If the annual credit is not fully used through such refund

10  because of insufficient tax payments during the applicable

11  12-month period, the unused amount may be included in an

12  application for a refund made pursuant to sub-subparagraph

13  3.c. in subsequent years against the total tax payments made

14  for such year. Carryover credits may be applied for a 3-year

15  period without regard to any time limitation that would

16  otherwise apply under s. 215.26;

17         c.  No person shall receive more than $200,000 in

18  annual tax credits for all approved community contributions

19  made in any one year;

20         d.  All proposals for the granting of the tax credit

21  shall require the prior approval of the Office of Tourism,

22  Trade, and Economic Development;

23         e.  The total amount of tax credits which may be

24  granted for all programs approved under this paragraph, s.

25  220.183, and s. 624.5105 is $10 million annually; and

26         f.  A person who is eligible to receive the credit

27  provided for in this paragraph, s. 220.183, or s. 624.5105 may

28  receive the credit only under the one section of the person's

29  choice.

30         2.  Eligibility requirements.--

31

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  1         a.  A community contribution by a person must be in the

  2  following form:

  3         (I)  Cash or other liquid assets;

  4         (II)  Real property;

  5         (III)  Goods or inventory; or

  6         (IV)  Other physical resources as identified by the

  7  Office of Tourism, Trade, and Economic Development.

  8         b.  All community contributions must be reserved

  9  exclusively for use in a project. As used in this

10  sub-subparagraph, the term "project" means any activity

11  undertaken by an eligible sponsor which is designed to

12  construct, improve, or substantially rehabilitate housing that

13  is affordable to low-income or very-low-income households as

14  defined in s. 420.9071(19) and (28); designed to provide

15  commercial, industrial, or public resources and facilities; or

16  designed to improve entrepreneurial and job-development

17  opportunities for low-income persons. A project may be the

18  investment necessary to increase access to high-speed

19  broadband capability in rural communities with enterprise

20  zones, including projects that result in improvements to

21  communications assets that are owned by a business. A project

22  may include the provision of museum educational programs and

23  materials that are directly related to any project approved

24  between January 1, 1996, and December 31, 1999, and located in

25  an enterprise zone as referenced in s. 290.00675. This

26  paragraph does not preclude projects that propose to construct

27  or rehabilitate housing for low-income or very-low-income

28  households on scattered sites. The Office of Tourism, Trade,

29  and Economic Development may reserve up to 50 percent of the

30  available annual tax credits for housing for very-low-income

31  households pursuant to s. 420.9071(28) for the first 6 months

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  1  of the fiscal year. With respect to housing, contributions may

  2  be used to pay the following eligible low-income and

  3  very-low-income housing-related activities:

  4         (I)  Project development impact and management fees for

  5  low-income or very-low-income housing projects;

  6         (II)  Down payment and closing costs for eligible

  7  persons, as defined in s. 420.9071(19) and (28);

  8         (III)  Administrative costs, including housing

  9  counseling and marketing fees, not to exceed 10 percent of the

10  community contribution, directly related to low-income or

11  very-low-income projects; and

12         (IV)  Removal of liens recorded against residential

13  property by municipal, county, or special district local

14  governments when satisfaction of the lien is a necessary

15  precedent to the transfer of the property to an eligible

16  person, as defined in s. 420.9071(19) and (28), for the

17  purpose of promoting home ownership. Contributions for lien

18  removal must be received from a nonrelated third party.

19         c.  The project must be undertaken by an "eligible

20  sponsor," which includes:

21         (I)  A community action program;

22         (II)  A nonprofit community-based development

23  organization whose mission is the provision of housing for

24  low-income or very-low-income households or increasing

25  entrepreneurial and job-development opportunities for

26  low-income persons;

27         (III)  A neighborhood housing services corporation;

28         (IV)  A local housing authority created under chapter

29  421;

30         (V)  A community redevelopment agency created under s.

31  163.356;

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  1         (VI)  The Florida Industrial Development Corporation;

  2         (VII)  A historic preservation district agency or

  3  organization;

  4         (VIII)  A regional workforce board;

  5         (IX)  A direct-support organization as provided in s.

  6  240.551;

  7         (X)  An enterprise zone development agency created

  8  under s. 290.0056;

  9         (XI)  A community-based organization incorporated under

10  chapter 617 which is recognized as educational, charitable, or

11  scientific pursuant to s. 501(c)(3) of the Internal Revenue

12  Code and whose bylaws and articles of incorporation include

13  affordable housing, economic development, or community

14  development as the primary mission of the corporation;

15         (XII)  Units of local government;

16         (XIII)  Units of state government; or

17         (XIV)  Any other agency that the Office of Tourism,

18  Trade, and Economic Development designates by rule.

19

20  In no event may a contributing person have a financial

21  interest in the eligible sponsor.

22         d.  The project must be located in an area designated

23  an enterprise zone or a Front Porch Florida Community pursuant

24  to s. 14.2015(9)(b), unless the project increases access to

25  high-speed broadband capability for rural communities with

26  enterprise zones but is physically located outside the

27  designated rural zone boundaries. Any project designed to

28  construct or rehabilitate housing for low-income or

29  very-low-income households as defined in s. 420.0971(19) and

30  (28) is exempt from the area requirement of this

31  sub-subparagraph.

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  1         3.  Application requirements.--

  2         a.  Any eligible sponsor seeking to participate in this

  3  program must submit a proposal to the Office of Tourism,

  4  Trade, and Economic Development which sets forth the name of

  5  the sponsor, a description of the project, and the area in

  6  which the project is located, together with such supporting

  7  information as is prescribed by rule. The proposal must also

  8  contain a resolution from the local governmental unit in which

  9  the project is located certifying that the project is

10  consistent with local plans and regulations.

11         b.  Any person seeking to participate in this program

12  must submit an application for tax credit to the Office of

13  Tourism, Trade, and Economic Development which sets forth the

14  name of the sponsor, a description of the project, and the

15  type, value, and purpose of the contribution. The sponsor

16  shall verify the terms of the application and indicate its

17  receipt of the contribution, which verification must be in

18  writing and accompany the application for tax credit. The

19  person must submit a separate tax credit application to the

20  office for each individual contribution that it makes to each

21  individual project.

22         c.  Any person who has received notification from the

23  Office of Tourism, Trade, and Economic Development that a tax

24  credit has been approved must apply to the department to

25  receive the refund. Application must be made on the form

26  prescribed for claiming refunds of sales and use taxes and be

27  accompanied by a copy of the notification. A person may submit

28  only one application for refund to the department within any

29  12-month period.

30         4.  Administration.--

31

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  1         a.  The Office of Tourism, Trade, and Economic

  2  Development may adopt rules pursuant to ss. 120.536(1) and

  3  120.54 necessary to administer this paragraph, including rules

  4  for the approval or disapproval of proposals by a person.

  5         b.  The decision of the Office of Tourism, Trade, and

  6  Economic Development must be in writing, and, if approved, the

  7  notification shall state the maximum credit allowable to the

  8  person. Upon approval, the office shall transmit a copy of the

  9  decision to the Department of Revenue.

10         c.  The Office of Tourism, Trade, and Economic

11  Development shall periodically monitor all projects in a

12  manner consistent with available resources to ensure that

13  resources are used in accordance with this paragraph; however,

14  each project must be reviewed at least once every 2 years.

15         d.  The Office of Tourism, Trade, and Economic

16  Development shall, in consultation with the Department of

17  Community Affairs, the Florida Housing Finance Corporation,

18  and the statewide and regional housing and financial

19  intermediaries, market the availability of the community

20  contribution tax credit program to community-based

21  organizations.

22         5.  Expiration.--This paragraph expires June 30, 2005;

23  however, any accrued credit carryover that is unused on that

24  date may be used until the expiration of the 3-year carryover

25  period for such credit.

26         (6)  EXEMPTIONS; POLITICAL SUBDIVISIONS.--There are

27  also exempt from the tax imposed by this chapter sales made to

28  the United States Government, a state, or any county,

29  municipality, or political subdivision of a state when payment

30  is made directly to the dealer by the governmental entity.

31  This exemption shall not inure to any transaction otherwise

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  1  taxable under this chapter when payment is made by a

  2  government employee by any means, including, but not limited

  3  to, cash, check, or credit card when that employee is

  4  subsequently reimbursed by the governmental entity. This

  5  exemption does not include sales of tangible personal property

  6  made to contractors employed either directly or as agents of

  7  any such government or political subdivision thereof when such

  8  tangible personal property goes into or becomes a part of

  9  public works owned by such government or political

10  subdivision. A determination whether a particular transaction

11  is properly characterized as an exempt sale to a government

12  entity or a taxable sale to a contractor shall be based on the

13  substance of the transaction rather than the form in which the

14  transaction is cast. The department shall adopt rules that

15  give special consideration to factors that govern the status

16  of the tangible personal property before its affixation to

17  real property. In developing these rules, assumption of the

18  risk of damage or loss is of paramount consideration in the

19  determination. This exemption does not include sales, rental,

20  use, consumption, or storage for use in any political

21  subdivision or municipality in this state of machines and

22  equipment and parts and accessories therefor used in the

23  generation, transmission, or distribution of electrical energy

24  by systems owned and operated by a political subdivision in

25  this state for transmission or distribution expansion.

26  Likewise exempt are charges for services rendered by radio and

27  television stations, including line charges, talent fees, or

28  license fees and charges for films, videotapes, and

29  transcriptions used in producing radio or television

30  broadcasts. The exemption provided in this subsection does not

31  include sales, rental, use, consumption, or storage for use in

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  1  any political subdivision or municipality in this state of

  2  machines and equipment and parts and accessories therefor used

  3  in providing two-way telecommunications services to the public

  4  for hire by the use of a telecommunications facility, as

  5  defined in s. 364.02(13), and for which a certificate is

  6  required under chapter 364, which facility is owned and

  7  operated by any county, municipality, or other political

  8  subdivision of the state.  Any immunity of any political

  9  subdivision of the state or other entity of local government

10  from taxation of the property used to provide

11  telecommunication services that is taxed as a result of this

12  section is hereby waived.  However, the exemption provided in

13  this subsection includes transactions taxable under this

14  chapter which are for use by the operator of a public-use

15  airport, as defined in s. 332.004, in providing such

16  telecommunications services for the airport or its tenants,

17  concessionaires, or licensees, or which are for use by a

18  public hospital for the provision of such telecommunications

19  services.

20         (7)  MISCELLANEOUS EXEMPTIONS.--

21         (a)  Artificial commemorative flowers.--Exempt from the

22  tax imposed by this chapter is the sale of artificial

23  commemorative flowers by bona fide nationally chartered

24  veterans' organizations.

25         (b)  Boiler fuels.--When purchased for use as a

26  combustible fuel, purchases of natural gas, residual oil,

27  recycled oil, waste oil, solid waste material, coal, sulfur,

28  wood, wood residues or wood bark used in an industrial

29  manufacturing, processing, compounding, or production process

30  at a fixed location in this state are exempt from the taxes

31  imposed by this chapter; however, such exemption shall not be

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  1  allowed unless the purchaser signs a certificate stating that

  2  the fuel to be exempted is for the exclusive use designated

  3  herein. This exemption does not apply to the use of boiler

  4  fuels that are not used in manufacturing, processing,

  5  compounding, or producing items of tangible personal property

  6  for sale, or to the use of boiler fuels used by any firm

  7  subject to regulation by the Division of Hotels and

  8  Restaurants of the Department of Business and Professional

  9  Regulation.

10         (c)  Crustacea bait.--Also exempt from the tax imposed

11  by this chapter is the purchase by commercial fishers of bait

12  intended solely for use in the entrapment of Callinectes

13  sapidus and Menippe mercenaria.

14         (d)  Feeds.--Feeds for poultry, ostriches, and

15  livestock, including racehorses and dairy cows, are exempt.

16         (e)  Film rentals.--Film rentals are exempt when an

17  admission is charged for viewing such film, and license fees

18  and direct charges for films, videotapes, and transcriptions

19  used by television or radio stations or networks are exempt.

20         (f)  Flags.--Also exempt are sales of the flag of the

21  United States and the official state flag of Florida.

22         (g)  Florida Retired Educators Association and its

23  local chapters.--Also exempt from payment of the tax imposed

24  by this chapter are purchases of office supplies, equipment,

25  and publications made by the Florida Retired Educators

26  Association and its local chapters.

27         (h)  Guide dogs for the blind.--Also exempt are the

28  sale or rental of guide dogs for the blind, commonly referred

29  to as "seeing-eye dogs," and the sale of food or other items

30  for such guide dogs.

31

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  1         1.  The department shall issue a consumer's certificate

  2  of exemption to any blind person who holds an identification

  3  card as provided for in s. 413.091 and who either owns or

  4  rents, or contemplates the ownership or rental of, a guide dog

  5  for the blind. The consumer's certificate of exemption shall

  6  be issued without charge and shall be of such size as to be

  7  capable of being carried in a wallet or billfold.

  8         2.  The department shall make such rules concerning

  9  items exempt from tax under the provisions of this paragraph

10  as may be necessary to provide that any person authorized to

11  have a consumer's certificate of exemption need only present

12  such a certificate at the time of paying for exempt goods and

13  shall not be required to pay any tax thereon.

14         (i)  Hospital meals and rooms.--Also exempt from

15  payment of the tax imposed by this chapter on rentals and

16  meals are patients and inmates of any hospital or other

17  physical plant or facility designed and operated primarily for

18  the care of persons who are ill, aged, infirm, mentally or

19  physically incapacitated, or otherwise dependent on special

20  care or attention. Residents of a home for the aged are exempt

21  from payment of taxes on meals provided through the facility.

22  A home for the aged is defined as a facility that is licensed

23  or certified in part or in whole under chapter 400 or chapter

24  651, or that is financed by a mortgage loan made or insured by

25  the United States Department of Housing and Urban Development

26  under s. 202, s. 202 with a s. 8 subsidy, s. 221(d)(3) or (4),

27  s. 232, or s. 236 of the National Housing Act, or other such

28  similar facility designed and operated primarily for the care

29  of the aged.

30         (j)  Household fuels.--Also exempt from payment of the

31  tax imposed by this chapter are sales of utilities to

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  1  residential households or owners of residential models in this

  2  state by utility companies who pay the gross receipts tax

  3  imposed under s. 203.01, and sales of fuel to residential

  4  households or owners of residential models, including oil,

  5  kerosene, liquefied petroleum gas, coal, wood, and other fuel

  6  products used in the household or residential model for the

  7  purposes of heating, cooking, lighting, and refrigeration,

  8  regardless of whether such sales of utilities and fuels are

  9  separately metered and billed direct to the residents or are

10  metered and billed to the landlord. If any part of the utility

11  or fuel is used for a nonexempt purpose, the entire sale is

12  taxable. The landlord shall provide a separate meter for

13  nonexempt utility or fuel consumption.  For the purposes of

14  this paragraph, licensed family day care homes shall also be

15  exempt.

16         (k)  Meals provided by certain nonprofit

17  organizations.--There is exempt from the tax imposed by this

18  chapter the sale of prepared meals by a nonprofit volunteer

19  organization to handicapped, elderly, or indigent persons when

20  such meals are delivered as a charitable function by the

21  organization to such persons at their places of residence.

22         (l)  Organizations providing special educational,

23  cultural, recreational, and social benefits to minors.--Also

24  exempt from the tax imposed by this chapter are sales or

25  leases to and sales of donated property by nonprofit

26  organizations which are incorporated pursuant to chapter 617

27  the primary purpose of which is providing activities that

28  contribute to the development of good character or good

29  sportsmanship, or to the educational or cultural development,

30  of minors.  This exemption is extended only to that level of

31  the organization that has a salaried executive officer or an

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  1  elected nonsalaried executive officer. For the purpose of this

  2  paragraph, the term "donated property" means any property

  3  transferred to such nonprofit organization for less than 50

  4  percent of its fair market value.

  5         (m)  Religious institutions.--

  6         1.  There are exempt from the tax imposed by this

  7  chapter transactions involving sales or leases directly to

  8  religious institutions when used in carrying on their

  9  customary nonprofit religious activities or sales or leases of

10  tangible personal property by religious institutions having an

11  established physical place for worship at which nonprofit

12  religious services and activities are regularly conducted and

13  carried on.

14         2.  As used in this paragraph, the term "religious

15  institutions" means churches, synagogues, and established

16  physical places for worship at which nonprofit religious

17  services and activities are regularly conducted and carried

18  on. The term "religious institutions" includes nonprofit

19  corporations the sole purpose of which is to provide free

20  transportation services to church members, their families, and

21  other church attendees. The term "religious institutions" also

22  includes nonprofit state, nonprofit district, or other

23  nonprofit governing or administrative offices the function of

24  which is to assist or regulate the customary activities of

25  religious institutions. The term "religious institutions" also

26  includes any nonprofit corporation that is qualified as

27  nonprofit under s. 501(c)(3) of the Internal Revenue Code of

28  1986, as amended, and that owns and operates a Florida

29  television station, at least 90 percent of the programming of

30  which station consists of programs of a religious nature and

31  the financial support for which, exclusive of receipts for

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  1  broadcasting from other nonprofit organizations, is

  2  predominantly from contributions from the general public. The

  3  term "religious institutions" also includes any nonprofit

  4  corporation that is qualified as nonprofit under s. 501(c)(3)

  5  of the Internal Revenue Code of 1986, as amended, the primary

  6  activity of which is making and distributing audio recordings

  7  of religious scriptures and teachings to blind or visually

  8  impaired persons at no charge. The term "religious

  9  institutions" also includes any nonprofit corporation that is

10  qualified as nonprofit under s. 501(c)(3) of the Internal

11  Revenue Code of 1986, as amended, the sole or primary function

12  of which is to provide, upon invitation, nonprofit religious

13  services, evangelistic services, religious education,

14  administrative assistance, or missionary assistance for a

15  church, synagogue, or established physical place of worship at

16  which nonprofit religious services and activities are

17  regularly conducted.

18         (n)  Veterans' organizations.--

19         1.  There are exempt from the tax imposed by this

20  chapter transactions involving sales or leases to qualified

21  veterans' organizations and their auxiliaries when used in

22  carrying on their customary veterans' organization activities.

23         2.  As used in this paragraph, the term "veterans'

24  organizations" means nationally chartered or recognized

25  veterans' organizations, including, but not limited to,

26  Florida chapters of the Paralyzed Veterans of America,

27  Catholic War Veterans of the U.S.A., Jewish War Veterans of

28  the U.S.A., and the Disabled American Veterans, Department of

29  Florida, Inc., which hold current exemptions from federal

30  income tax under s. 501(c)(4) or (19) of the Internal Revenue

31  Code of 1986, as amended.

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  1         (o)  Schools, colleges, and universities.--Also exempt

  2  from the tax imposed by this chapter are sales or leases to

  3  state tax-supported schools, colleges, or universities.

  4         (p)  Section 501(c)(3) organizations.--Also exempt from

  5  the tax imposed by this chapter are sales or leases to

  6  organizations determined by the Internal Revenue Service to be

  7  currently exempt from federal income tax pursuant to s.

  8  501(c)(3) of the Internal Revenue Code of 1986, as amended,

  9  when such leases or purchases are used in carrying on their

10  customary nonprofit activities.

11         (q)  Resource recovery equipment.--Also exempt is

12  resource recovery equipment which is owned and operated by or

13  on behalf of any county or municipality, certified by the

14  Department of Environmental Protection under the provisions of

15  s. 403.715.

16         (r)  School books and school lunches.--This exemption

17  applies to school books used in regularly prescribed courses

18  of study, and to school lunches served in public, parochial,

19  or nonprofit schools operated for and attended by pupils of

20  grades K through 12.  Yearbooks, magazines, newspapers,

21  directories, bulletins, and similar publications distributed

22  by such educational institutions to their students are also

23  exempt. School books and food sold or served at community

24  colleges and other institutions of higher learning are

25  taxable.

26         (s)  Tasting beverages.--Vinous and alcoholic beverages

27  provided by distributors or vendors for the purpose of "wine

28  tasting" and "spirituous beverage tasting" as contemplated

29  under the provisions of ss. 564.06 and 565.12, respectively,

30  are exempt from the tax imposed by this chapter.

31         (s)(t)  Boats temporarily docked in state.--

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  1         1.  Notwithstanding the provisions of chapter 328,

  2  pertaining to the registration of vessels, a boat upon which

  3  the state sales or use tax has not been paid is exempt from

  4  the use tax under this chapter if it enters and remains in

  5  this state for a period not to exceed a total of 20 days in

  6  any calendar year calculated from the date of first dockage or

  7  slippage at a facility, registered with the department, that

  8  rents dockage or slippage space in this state.  If a boat

  9  brought into this state for use under this paragraph is placed

10  in a facility, registered with the department, for repairs,

11  alterations, refitting, or modifications and such repairs,

12  alterations, refitting, or modifications are supported by

13  written documentation, the 20-day period shall be tolled

14  during the time the boat is physically in the care, custody,

15  and control of the repair facility, including the time spent

16  on sea trials conducted by the facility.  The 20-day time

17  period may be tolled only once within a calendar year when a

18  boat is placed for the first time that year in the physical

19  care, custody, and control of a registered repair facility;

20  however, the owner may request and the department may grant an

21  additional tolling of the 20-day period for purposes of

22  repairs that arise from a written guarantee given by the

23  registered repair facility, which guarantee covers only those

24  repairs or modifications made during the first tolled period.

25  Within 72 hours after the date upon which the registered

26  repair facility took possession of the boat, the facility must

27  have in its possession, on forms prescribed by the department,

28  an affidavit which states that the boat is under its care,

29  custody, and control and that the owner does not use the boat

30  while in the facility.  Upon completion of the repairs,

31  alterations, refitting, or modifications, the registered

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  1  repair facility must, within 72 hours after the date of

  2  release, have in its possession a copy of the release form

  3  which shows the date of release and any other information the

  4  department requires. The repair facility shall maintain a log

  5  that documents all alterations, additions, repairs, and sea

  6  trials during the time the boat is under the care, custody,

  7  and control of the facility.  The affidavit shall be

  8  maintained by the registered repair facility as part of its

  9  records for as long as required by s. 213.35.  When, within 6

10  months after the date of its purchase, a boat is brought into

11  this state under this paragraph, the 6-month period provided

12  in s. 212.05(1)(a)2. or s. 212.06(8) shall be tolled.

13         2.  During the period of repairs, alterations,

14  refitting, or modifications and during the 20-day period

15  referred to in subparagraph 1., the boat may be listed for

16  sale, contracted for sale, or sold exclusively by a broker or

17  dealer registered with the department without incurring a use

18  tax under this chapter; however, the sales tax levied under

19  this chapter applies to such sale.

20         3.  The mere storage of a boat at a registered repair

21  facility does not qualify as a tax-exempt use in this state.

22         4.  As used in this paragraph, "registered repair

23  facility" means:

24         a.  A full-service facility that:

25         (I)  Is located on a navigable body of water;

26         (II)  Has haulout capability such as a dry dock, travel

27  lift, railway, or similar equipment to service craft under the

28  care, custody, and control of the facility;

29         (III)  Has adequate piers and storage facilities to

30  provide safe berthing of vessels in its care, custody, and

31  control; and

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  1         (IV)  Has necessary shops and equipment to provide

  2  repair or warranty work on vessels under the care, custody,

  3  and control of the facility;

  4         b.  A marina that:

  5         (I)  Is located on a navigable body of water;

  6         (II)  Has adequate piers and storage facilities to

  7  provide safe berthing of vessels in its care, custody, and

  8  control; and

  9         (III)  Has necessary shops and equipment to provide

10  repairs or warranty work on vessels; or

11         c.  A shoreside facility that:

12         (I)  Is located on a navigable body of water;

13         (II)  Has adequate piers and storage facilities to

14  provide safe berthing of vessels in its care, custody, and

15  control; and

16         (III)  Has necessary shops and equipment to provide

17  repairs or warranty work.

18         (t)(u)  Volunteer fire departments.--Also exempt are

19  firefighting and rescue service equipment and supplies

20  purchased by volunteer fire departments, duly chartered under

21  the Florida Statutes as corporations not for profit.

22         (v)  Professional services.--

23         1.  Also exempted are professional, insurance, or

24  personal service transactions that involve sales as

25  inconsequential elements for which no separate charges are

26  made.

27         2.  The personal service transactions exempted pursuant

28  to subparagraph 1. do not exempt the sale of information

29  services involving the furnishing of printed, mimeographed, or

30  multigraphed matter, or matter duplicating written or printed

31  matter in any other manner, other than professional services

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  1  and services of employees, agents, or other persons acting in

  2  a representative or fiduciary capacity or information services

  3  furnished to newspapers and radio and television stations.  As

  4  used in this subparagraph, the term "information services"

  5  includes the services of collecting, compiling, or analyzing

  6  information of any kind or nature and furnishing reports

  7  thereof to other persons.

  8         3.  This exemption does not apply to any service

  9  warranty transaction taxable under s. 212.0506.

10         4.  This exemption does not apply to any service

11  transaction taxable under s. 212.05(1)(j).

12         (u)(w)  Certain newspaper, magazine, and newsletter

13  subscriptions, shoppers, and community newspapers.--Likewise

14  exempt are newspaper, magazine, and newsletter subscriptions

15  in which the product is delivered to the customer by mail.

16  Also Exempt are free, circulated publications that are

17  published on a regular basis, the content of which is

18  primarily advertising, and that are distributed through the

19  mail, home delivery, or newsstands. The exemption for

20  newspaper, magazine, and newsletter subscriptions which is

21  provided in this paragraph applies only to subscriptions

22  entered into after March 1, 1997.

23         (v)(x)  Sporting equipment brought into the

24  state.--Sporting equipment brought into Florida, for a period

25  of not more than 4 months in any calendar year, used by an

26  athletic team or an individual athlete in a sporting event is

27  exempt from the use tax if such equipment is removed from the

28  state within 7 days after the completion of the event.

29         (y)  Charter fishing vessels.--The charge for

30  chartering any boat or vessel, with the crew furnished, solely

31  for the purpose of fishing is exempt from the tax imposed

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  1  under s. 212.04 or s. 212.05.  This exemption does not apply

  2  to any charge to enter or stay upon any "head-boat," party

  3  boat, or other boat or vessel.  Nothing in this paragraph

  4  shall be construed to exempt any boat from sales or use tax

  5  upon the purchase thereof except as provided in paragraph (t)

  6  and s. 212.05.

  7         (w)(z)  Vending machines sponsored by nonprofit or

  8  charitable organizations.--Also exempt are food or drinks for

  9  human consumption sold for 25 cents or less through a

10  coin-operated vending machine sponsored by a nonprofit

11  corporation qualified as nonprofit pursuant to s. 501(c)(3) or

12  (4) of the Internal Revenue Code of 1986, as amended.

13         (x)(aa)  Certain commercial vehicles.--Also exempt is

14  the sale, lease, or rental of a commercial motor vehicle as

15  defined in s. 207.002(2), when the following conditions are

16  met:

17         1.  The sale, lease, or rental occurs between two

18  commonly owned and controlled corporations;

19         2.  Such vehicle was titled and registered in this

20  state at the time of the sale, lease, or rental; and

21         3.  Florida sales tax was paid on the acquisition of

22  such vehicle by the seller, lessor, or renter.

23         (y)(bb)  Community cemeteries.--Also exempt are

24  purchases by any nonprofit corporation that has qualified

25  under s. 501(c)(13) of the Internal Revenue Code of 1986, as

26  amended, and is operated for the purpose of maintaining a

27  cemetery that was donated to the community by deed.

28         (z)(cc)  Works of art.--

29         1.  Also exempt are works of art sold to or used by an

30  educational institution.

31

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  1         2.  This exemption also applies to the sale to or use

  2  in this state of any work of art by any person if it was

  3  purchased or imported exclusively for the purpose of being

  4  donated to any educational institution, or loaned to and made

  5  available for display by any educational institution, provided

  6  that the term of the loan agreement is for at least 10 years.

  7         3.  The exemption provided by this paragraph for

  8  donations is allowed only if the person who purchased the work

  9  of art transfers title to the donated work of art to an

10  educational institution. Such transfer of title shall be

11  evidenced by an affidavit meeting requirements established by

12  rule to document entitlement to the exemption. Nothing in this

13  paragraph shall preclude a work of art donated to an

14  educational institution from remaining in the possession of

15  the donor or purchaser, as long as title to the work of art

16  lies with the educational institution.

17         4.  A work of art is presumed to have been purchased in

18  or imported into this state exclusively for loan as provided

19  in subparagraph 2., if it is so loaned or placed in storage in

20  preparation for such a loan within 90 days after purchase or

21  importation, whichever is later; but a work of art is not

22  deemed to be placed in storage in preparation for loan for

23  purposes of this exemption if it is displayed at any place

24  other than an educational institution.

25         5.  The exemptions provided by this paragraph are

26  allowed only if the person who purchased the work of art gives

27  to the vendor an affidavit meeting the requirements,

28  established by rule, to document entitlement to the exemption.

29  The person who purchased the work of art shall forward a copy

30  of such affidavit to the Department of Revenue at the time it

31  is issued to the vendor.

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  1         6.  The exemption for loans provided by subparagraph 2.

  2  applies only for the period during which a work of art is in

  3  the possession of the educational institution or is in storage

  4  before transfer of possession to that institution; and when it

  5  ceases to be so possessed or held, tax based upon the sales

  6  price paid by the owner is payable, and the statute of

  7  limitations provided in s. 95.091 shall begin to run at that

  8  time. However, tax shall not become due if the work of art is

  9  donated to an educational institution after the loan ceases.

10         7.  Any educational institution to which a work of art

11  has been donated pursuant to this paragraph shall make

12  available to the department the title to the work of art and

13  any other relevant information. Any educational institution

14  which has received a work of art on loan pursuant to this

15  paragraph shall make available to the department information

16  relating to the work of art. Any educational institution that

17  transfers from its possession a work of art as defined by this

18  paragraph which has been loaned to it must notify the

19  Department of Revenue within 60 days after the transfer.

20         8.  For purposes of the exemptions provided by this

21  paragraph, the term:

22         a.  "Educational institutions" includes state

23  tax-supported, parochial, church, and nonprofit private

24  schools, colleges, or universities that conduct regular

25  classes and courses of study required for accreditation by or

26  membership in the Southern Association of Colleges and

27  Schools, the Florida Council of Independent Schools, or the

28  Florida Association of Christian Colleges and Schools, Inc.;

29  nonprofit private schools that conduct regular classes and

30  courses of study accepted for continuing education credit by a

31  board of the Division of Medical Quality Assurance of the

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  1  Department of Health; or nonprofit libraries, art galleries,

  2  performing arts centers that provide educational programs to

  3  school children, which programs involve performances or other

  4  educational activities at the performing arts center and serve

  5  a minimum of 50,000 school children a year, and museums open

  6  to the public.

  7         b.  "Work of art" includes pictorial representations,

  8  sculpture, jewelry, antiques, stamp collections and coin

  9  collections, and other tangible personal property, the value

10  of which is attributable predominantly to its artistic,

11  historical, political, cultural, or social importance.

12         (aa)(dd)  Taxicab leases.--The lease of or license to

13  use a taxicab or taxicab-related equipment and services

14  provided by a taxicab company to an independent taxicab

15  operator are exempt, provided, however, the exemptions

16  provided under this paragraph only apply if sales or use tax

17  has been paid on the acquisition of the taxicab and its

18  related equipment.

19         (bb)(ee)  Aircraft repair and maintenance labor

20  charges.--There shall be exempt from the tax imposed by this

21  chapter all labor charges for the repair and maintenance of

22  aircraft of more than 15,000 pounds maximum certified takeoff

23  weight and rotary wing aircraft of more than 10,000 pounds

24  maximum certified takeoff weight. Except as otherwise provided

25  in this chapter, charges for parts and equipment furnished in

26  connection with such labor charges are taxable.

27         (cc)(ff)  Certain electricity or steam uses.--

28         1.  Subject to the provisions of subparagraph 4.,

29  charges for electricity or steam used to operate machinery and

30  equipment at a fixed location in this state when such

31  machinery and equipment is used to manufacture, process,

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  1  compound, produce, or prepare for shipment items of tangible

  2  personal property for sale, or to operate pollution control

  3  equipment, recycling equipment, maintenance equipment, or

  4  monitoring or control equipment used in such operations are

  5  exempt to the extent provided in this paragraph. If 75 percent

  6  or more of the electricity or steam used at the fixed location

  7  is used to operate qualifying machinery or equipment, 100

  8  percent of the charges for electricity or steam used at the

  9  fixed location are exempt. If less than 75 percent but 50

10  percent or more of the electricity or steam used at the fixed

11  location is used to operate qualifying machinery or equipment,

12  50 percent of the charges for electricity or steam used at the

13  fixed location are exempt. If less than 50 percent of the

14  electricity or steam used at the fixed location is used to

15  operate qualifying machinery or equipment, none of the charges

16  for electricity or steam used at the fixed location are

17  exempt.

18         2.  This exemption applies only to industries

19  classified under SIC Industry Major Group Numbers 10, 12, 13,

20  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

21  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

22  in this paragraph, "SIC" means those classifications contained

23  in the Standard Industrial Classification Manual, 1987, as

24  published by the Office of Management and Budget, Executive

25  Office of the President.

26         3.  Possession by a seller of a written certification

27  by the purchaser, certifying the purchaser's entitlement to an

28  exemption permitted by this subsection, relieves the seller

29  from the responsibility of collecting the tax on the

30  nontaxable amounts, and the department shall look solely to

31

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  1  the purchaser for recovery of such tax if it determines that

  2  the purchaser was not entitled to the exemption.

  3         4.  Such exemption shall be applied as follows:

  4  beginning July 1, 2000, 100 percent of the charges for such

  5  electricity or steam shall be exempt.

  6         5.  Notwithstanding any other provision in this

  7  paragraph to the contrary, in order to receive the exemption

  8  provided in this paragraph a taxpayer must first register with

  9  the WAGES Program Business Registry established by the local

10  WAGES coalition for the area in which the taxpayer is located.

11  Such registration establishes a commitment on the part of the

12  taxpayer to hire WAGES program participants to the maximum

13  extent possible consistent with the nature of their business.

14         (gg)  Fair associations.--Also exempt from the tax

15  imposed by this chapter is the sale, use, lease, rental, or

16  grant of a license to use, made directly to or by a fair

17  association, of real or tangible personal property; any charge

18  made by a fair association, or its agents, for parking,

19  admissions, or for temporary parking of vehicles used for

20  sleeping quarters; rentals, subleases, and sublicenses of real

21  or tangible personal property between the owner of the central

22  amusement attraction and any owner of an amusement ride, as

23  those terms are used in ss. 616.15(1)(b) and 616.242(3)(a),

24  for the furnishing of amusement rides at a public fair or

25  exposition; and other transactions of a fair association which

26  are incurred directly by the fair association in the

27  financing, construction, and operation of a fair, exposition,

28  or other event or facility that is authorized by s. 616.08. As

29  used in this paragraph, the terms "fair association" and

30  "public fair or exposition" have the same meaning as those

31  terms are defined in s. 616.001. This exemption does not apply

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  1  to the sale of tangible personal property made by a fair

  2  association through an agent or independent contractor; sales

  3  of admissions and tangible personal property by a

  4  concessionaire, vendor, exhibitor, or licensee; or rentals and

  5  subleases of tangible personal property or real property

  6  between the owner of the central amusement attraction and a

  7  concessionaire, vendor, exhibitor, or licensee, except for the

  8  furnishing of amusement rides, which transactions are exempt.

  9         (dd)(hh)  Citizen support organizations.--Also exempt

10  from the tax imposed by this chapter are sales or leases to

11  nonprofit organizations that are incorporated under chapter

12  617 and that have been designated citizen support

13  organizations in support of state-funded environmental

14  programs or the management of state-owned lands in accordance

15  with s. 20.2551, or to support one or more state parks in

16  accordance with s. 258.015.

17         (ee)(ii)  Florida Folk Festival.--There shall be exempt

18  from the tax imposed by this chapter income of a revenue

19  nature received from admissions to the Florida Folk Festival

20  held pursuant to s. 267.16 at the Stephen Foster State Folk

21  Culture Center, a unit of the state park system.

22         (ff)(jj)  Solar energy systems.--Also exempt are solar

23  energy systems or any component thereof.  The Florida Solar

24  Energy Center shall from time to time certify to the

25  department a list of equipment and requisite hardware

26  considered to be a solar energy system or a component thereof.

27  This exemption is repealed July 1, 2005.

28         (gg)(kk)  Nonprofit cooperative hospital

29  laundries.--Also exempt from the tax imposed by this chapter

30  are sales or leases to nonprofit organizations that are

31  incorporated under chapter 617 and which are treated, for

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  1  federal income tax purposes, as cooperatives under subchapter

  2  T of the Internal Revenue Code, whose sole purpose is to offer

  3  laundry supplies and services to their members, which members

  4  must all be exempt from federal income tax pursuant to s.

  5  501(c)(3) of the Internal Revenue Code.

  6         (hh)(ll)  Complimentary meals.--Also exempt from the

  7  tax imposed by this chapter are food or drinks that are

  8  furnished as part of a packaged room rate by any person

  9  offering for rent or lease any transient living accommodations

10  as described in s. 509.013(4)(a) which are licensed under part

11  I of chapter 509 and which are subject to the tax under s.

12  212.03, if a separate charge or specific amount for the food

13  or drinks is not shown. Such food or drinks are considered to

14  be sold at retail as part of the total charge for the

15  transient living accommodations. Moreover, the person offering

16  the accommodations is not considered to be the consumer of

17  items purchased in furnishing such food or drinks and may

18  purchase those items under conditions of a sale for resale.

19         (mm)  Nonprofit corporation conducting the correctional

20  work programs.--Products sold pursuant to s. 946.515 by the

21  corporation organized pursuant to part II of chapter 946 are

22  exempt from the tax imposed by this chapter. This exemption

23  applies retroactively to July 1, 1983.

24         (ii)(nn)  Parent-teacher organizations, parent-teacher

25  associations, and schools having grades K through

26  12.--Parent-teacher organizations and associations qualified

27  as educational institutions as defined by sub-subparagraph

28  (cc)8.a. associated with schools having grades K through 12,

29  and schools having grades K through 12, may pay tax to their

30  suppliers on the cost price of school materials and supplies

31  purchased, rented, or leased for resale or rental to students

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  1  in grades K through 12, of items sold for fundraising

  2  purposes, and of items sold through vending machines located

  3  on the school premises, in lieu of collecting the tax imposed

  4  by this chapter from the purchaser. This paragraph also

  5  applies to food or beverages sold through vending machines

  6  located in the student lunchroom or dining room of a school

  7  having kindergarten through grade 12.

  8         (oo)  Mobile home lot improvements.--Items purchased by

  9  developers for use in making improvements to a mobile home lot

10  owned by the developer may be purchased tax-exempt as a sale

11  for resale if made pursuant to a contract that requires the

12  developer to sell a mobile home to a purchaser, place the

13  mobile home on the lot, and make the improvements to the lot

14  for a single lump-sum price. The developer must collect and

15  remit sales tax on the entire lump-sum price.

16         (jj)(pp)  Veterans Administration.--When a veteran of

17  the armed forces purchases an aircraft, boat, mobile home,

18  motor vehicle, or other vehicle from a dealer pursuant to the

19  provisions of 38 U.S.C. s. 3902(a), or any successor provision

20  of the United States Code, the amount that is paid directly to

21  the dealer by the Veterans Administration is not taxable.

22  However, any portion of the purchase price which is paid

23  directly to the dealer by the veteran is taxable.

24         (kk)(qq)  Complimentary items.--There is exempt from

25  the tax imposed by this chapter:

26         1.  Any food or drink, whether or not cooked or

27  prepared on the premises, provided without charge as a sample

28  or for the convenience of customers by a dealer that primarily

29  sells food product items at retail.

30

31

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  1         2.  Any item given to a customer as part of a price

  2  guarantee plan related to point-of-sale errors by a dealer

  3  that primarily sells food products at retail.

  4

  5  The exemptions in this paragraph do not apply to businesses

  6  with the primary activity of serving prepared meals or

  7  alcoholic beverages for immediate consumption.

  8         (ll)(rr)  Donated foods or beverages.--Any food or

  9  beverage donated by a dealer that sells food products at

10  retail to a food bank or an organization that holds a current

11  exemption from federal corporate income tax pursuant to s.

12  501(c) of the Internal Revenue Code of 1986, as amended, is

13  exempt from the tax imposed by this chapter.

14         (ss)  Racing dogs.--The sale of a racing dog by its

15  owner is exempt if the owner is also the breeder of the

16  animal.

17         (mm)(tt)  Equipment used in aircraft repair and

18  maintenance.--There shall be exempt from the tax imposed by

19  this chapter replacement engines, parts, and equipment used in

20  the repair or maintenance of aircraft of more than 15,000

21  pounds maximum certified takeoff weight and rotary wing

22  aircraft of more than 10,300 pounds maximum certified takeoff

23  weight, when such parts or equipment are installed on such

24  aircraft that is being repaired or maintained in this state.

25         (nn)(uu)  Aircraft sales or leases.--The sale or lease

26  of an aircraft of more than 15,000 pounds maximum certified

27  takeoff weight for use by a common carrier is exempt from the

28  tax imposed by this chapter. As used in this paragraph,

29  "common carrier" means an airline operating under Federal

30  Aviation Administration regulations contained in Title 14,

31

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  1  chapter I, part 121 or part 129 of the Code of Federal

  2  Regulations.

  3         (oo)(vv)  Nonprofit water systems.--Sales or leases to

  4  a not-for-profit corporation which holds a current exemption

  5  from federal income tax under s. 501(c)(4) or (12) of the

  6  Internal Revenue Code, as amended, are exempt from the tax

  7  imposed by this chapter if the sole or primary function of the

  8  corporation is to construct, maintain, or operate a water

  9  system in this state.

10         (pp)(ww)  Library cooperatives.--Sales or leases to

11  library cooperatives certified under s. 257.41(2) are exempt

12  from the tax imposed by this chapter.

13         (qq)(xx)  Advertising agencies.--

14         1.  As used in this paragraph, the term "advertising

15  agency" means any firm that is primarily engaged in the

16  business of providing advertising materials and services to

17  its clients.

18         2.  The sale of advertising services by an advertising

19  agency to a client is exempt from the tax imposed by this

20  chapter. Also exempt from the tax imposed by this chapter are

21  items of tangible personal property such as photographic

22  negatives and positives, videos, films, galleys, mechanicals,

23  veloxes, illustrations, digital audiotapes, analog tapes,

24  printed advertisement copies, compact discs for the purpose of

25  recording, digital equipment, and artwork and the services

26  used to produce those items if the items are:

27         a.  Sold to an advertising agency that is acting as an

28  agent for its clients pursuant to contract, and are created

29  for the performance of advertising services for the clients;

30

31

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  1         b.  Produced, fabricated, manufactured, or otherwise

  2  created by an advertising agency for its clients, and are used

  3  in the performance of advertising services for the clients; or

  4         c.  Sold by an advertising agency to its clients in the

  5  performance of advertising services for the clients, whether

  6  or not the charges for these items are marked up or separately

  7  stated.

  8

  9  The exemption provided by this subparagraph does not apply

10  when tangible personal property such as film, paper, and

11  videotapes is purchased to create items such as photographic

12  negatives and positives, videos, films, galleys, mechanicals,

13  veloxes, illustrations, and artwork that are sold to an

14  advertising agency or produced in-house by an advertising

15  agency on behalf of its clients.

16         3.  The items exempted from tax under subparagraph 2.

17  and the creative services used by an advertising agency to

18  design the advertising for promotional goods such as displays,

19  display containers, exhibits, newspaper inserts, brochures,

20  catalogues, direct mail letters or flats, shirts, hats, pens,

21  pencils, key chains, or other printed goods or materials are

22  not subject to tax. However, when such promotional goods are

23  produced or reproduced for distribution, tax applies to the

24  sales price charged to the client for such promotional goods.

25         4.  For items purchased by an advertising agency and

26  exempt from tax under this paragraph, possession of an

27  exemption certificate from the advertising agency certifying

28  the agency's entitlement to exemption relieves the vendor of

29  the responsibility of collecting the tax on the sale of such

30  items to the advertising agency, and the department shall look

31  solely to the advertising agency for recovery of tax if it

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  1  determines that the advertising agency was not entitled to the

  2  exemption.

  3         5.  The exemptions provided by this paragraph apply

  4  retroactively, except that all taxes that have been collected

  5  must be remitted, and taxes that have been remitted before

  6  July 1, 1999, on transactions that are subject to exemption

  7  under this paragraph are not subject to refund.

  8         6.  The department may adopt rules that interpret or

  9  define the provisions of these exemptions and provide examples

10  regarding the application of these exemptions.

11         (rr)(yy)  Bullion.--The sale of gold, silver, or

12  platinum bullion, or any combination thereof, in a single

13  transaction is exempt if the sales price exceeds $500. The

14  dealer must maintain proper documentation, as prescribed by

15  rule of the department, to identify that portion of a

16  transaction which involves the sale of gold, silver, or

17  platinum bullion and is exempt under this paragraph.

18         (ss)(zz)  Certain repair and labor charges.--

19         1.  Subject to the provisions of subparagraphs 2. and

20  3., there is exempt from the tax imposed by this chapter all

21  labor charges for the repair of, and parts and materials used

22  in the repair of and incorporated into, industrial machinery

23  and equipment which is used for the manufacture, processing,

24  compounding, production, or preparation for shipping of items

25  of tangible personal property at a fixed location within this

26  state.

27         2.  This exemption applies only to industries

28  classified under SIC Industry Major Group Numbers 10, 12, 13,

29  14, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34,

30  35, 36, 37, 38, and 39 and Industry Group Number 212. As used

31  in this subparagraph, "SIC" means those classifications

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  1  contained in the Standard Industrial Classification Manual,

  2  1987, as published by the Office of Management and Budget,

  3  Executive Office of the President.

  4         3.  This exemption shall be applied as follows:

  5         a.  Beginning July 1, 2000, 50 percent of such charges

  6  for repair parts and labor shall be exempt.

  7         b.  Beginning July 1, 2001, 75 percent of such charges

  8  for repair parts and labor shall be exempt.

  9         c.  Beginning July 1, 2002, 100 percent of such charges

10  for repair parts and labor shall be exempt.

11         (tt)(aaa)  Film and other printing supplies.--Also

12  exempt are the following materials purchased, produced, or

13  created by businesses classified under SIC Industry Numbers

14  275, 276, 277, 278, or 279 for use in producing graphic matter

15  for sale: film, photographic paper, dyes used for embossing

16  and engraving, artwork, typography, lithographic plates, and

17  negatives.  As used in this paragraph, "SIC" means those

18  classifications contained in the Standard Industrial

19  Classification Manual, 1987, as published by the Office of

20  Management and Budget, Executive Office of the President.

21         (uu)(bbb)  People-mover systems.--People-mover systems,

22  and parts thereof, which are purchased or manufactured by

23  contractors employed either directly by or as agents for the

24  United States Government, the state, a county, a municipality,

25  a political subdivision of the state, or the public operator

26  of a public-use airport as defined by s. 332.004(14) are

27  exempt from the tax imposed by this chapter when the systems

28  or parts go into or become part of publicly owned facilities.

29  In the case of contractors who manufacture and install such

30  systems and parts, this exemption extends to the purchase of

31  component parts and all other manufacturing and fabrication

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  1  costs. The department may provide a form to be used by

  2  contractors to provide to suppliers of people-mover systems or

  3  parts to certify the contractors' eligibility for the

  4  exemption provided under this paragraph. As used in this

  5  paragraph, "people-mover systems" includes wheeled passenger

  6  vehicles and related control and power distribution systems

  7  that are part of a transportation system for use by the

  8  general public, regardless of whether such vehicles are

  9  operator-controlled or driverless, self-propelled or propelled

10  by external power and control systems, or conducted on roads,

11  rails, guidebeams, or other permanent structures that are an

12  integral part of such transportation system. "Related control

13  and power distribution systems" includes any electrical or

14  electronic control or signaling equipment, but does not

15  include the embedded wiring, conduits, or cabling used to

16  transmit electrical or electronic signals among such control

17  equipment, power distribution equipment, signaling equipment,

18  and wheeled vehicles.

19         (vv)(ccc)  Organizations providing crime prevention,

20  drunk driving prevention, or juvenile delinquency prevention

21  services.--Sales or leases to any nonprofit organization that

22  provides crime prevention services, drunk driving prevention

23  services, or juvenile delinquency prevention services that

24  benefit society as a whole are exempt from the tax imposed by

25  this chapter, if the organization holds a current exemption

26  from federal income tax under s. 501(c)(3) of the Internal

27  Revenue Code and the organization has as its sole or primary

28  purpose the provision of services that contribute to the

29  prevention of hardships caused by crime, drunk driving, or

30  juvenile delinquency.

31

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  1         (ww)(ddd)  Florida Fire and Emergency Services

  2  Foundation.--Sales or leases to the Florida Fire and Emergency

  3  Services Foundation are exempt from the tax imposed by this

  4  chapter.

  5         (eee)  Railroad roadway materials.--Also exempt from

  6  the tax imposed by this chapter are railroad roadway materials

  7  used in the construction, repair, or maintenance of railways.

  8  Railroad roadway materials shall include rails, ties,

  9  ballasts, communication equipment, signal equipment, power

10  transmission equipment, and any other track materials.

11

12  Exemptions provided to any entity by this subsection shall not

13  inure to any transaction otherwise taxable under this chapter

14  when payment is made by a representative or employee of such

15  entity by any means, including, but not limited to, cash,

16  check, or credit card even when that representative or

17  employee is subsequently reimbursed by such entity.

18         (8)  PARTIAL EXEMPTIONS; VESSELS ENGAGED IN INTERSTATE

19  OR FOREIGN COMMERCE.--

20         (a)  The sale or use of vessels and parts thereof used

21  to transport persons or property in interstate or foreign

22  commerce, including commercial fishing vessels, is subject to

23  the taxes imposed in this chapter only to the extent provided

24  herein.  The basis of the tax shall be the ratio of intrastate

25  mileage to interstate or foreign mileage traveled by the

26  carrier's vessels which were used in interstate or foreign

27  commerce and which had at least some Florida mileage during

28  the previous fiscal year.  The ratio would be determined at

29  the close of the carrier's fiscal year.  This ratio shall be

30  applied each month to the total Florida purchases of such

31  vessels and parts thereof which are used in Florida to

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  1  establish that portion of the total used and consumed in

  2  intrastate movement and subject to the tax at the applicable

  3  rate.  The basis for imposition of any discretionary surtax

  4  shall be as set forth in s. 212.054. Items, appropriate to

  5  carry out the purposes for which a vessel is designed or

  6  equipped and used, purchased by the owner, operator, or agent

  7  of a vessel for use on board such vessel shall be deemed to be

  8  parts of the vessel upon which the same are used or consumed.

  9  Vessels and parts thereof used to transport persons or

10  property in interstate and foreign commerce are hereby

11  determined to be susceptible to a distinct and separate

12  classification for taxation under the provisions of this

13  chapter. Vessels and parts thereof used exclusively in

14  intrastate commerce do not qualify for the proration of tax.

15         (b)  The partial exemption provided for in this

16  subsection shall not be allowed unless the purchaser signs an

17  affidavit stating that the item or items to be partially

18  exempted are for the exclusive use designated herein and

19  setting forth the extent of such partial exemption.  Any

20  person furnishing a false affidavit to such effect for the

21  purpose of evading payment of any tax imposed under this

22  chapter is subject to the penalties set forth in s. 212.12 and

23  as otherwise provided by law.

24         (c)  It is the intent of the Legislature that neither

25  subsection (4) nor this subsection shall be construed as

26  imposing the tax provided by this chapter on vessels used as

27  common carriers, contract carriers, or private carriers,

28  engaged in interstate or foreign commerce, except to the

29  extent provided by the pro rata formula provided in subsection

30  (4) and in paragraph (a).

31

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  1         (9)  PARTIAL EXEMPTIONS; RAILROADS AND MOTOR VEHICLES

  2  ENGAGED IN INTERSTATE OR FOREIGN COMMERCE.--

  3         (a)  Railroads which are licensed as common carriers by

  4  the Interstate Commerce Commission and parts thereof used to

  5  transport persons or property in interstate or foreign

  6  commerce are subject to tax imposed in this chapter only to

  7  the extent provided herein. The basis of the tax shall be the

  8  ratio of intrastate mileage to interstate or foreign mileage

  9  traveled by the carrier during the previous fiscal year of the

10  carrier.  Such ratio is to be determined at the close of the

11  carrier's fiscal year.  This ratio shall be applied each month

12  to the total purchases of the railroad which are used in this

13  state to establish that portion of the total used and consumed

14  in intrastate movement and subject to tax under this chapter.

15  The basis for imposition of any discretionary surtax is set

16  forth in s. 212.054. Railroads which are licensed as common

17  carriers by the Interstate Commerce Commission and parts

18  thereof used to transport persons or property in interstate

19  and foreign commerce are hereby determined to be susceptible

20  to a distinct and separate classification for taxation under

21  the provisions of this chapter.

22         (b)  Motor vehicles which are engaged in interstate

23  commerce as common carriers, and parts thereof, used to

24  transport persons or property in interstate or foreign

25  commerce are subject to tax imposed in this chapter only to

26  the extent provided herein. The basis of the tax shall be the

27  ratio of intrastate mileage to interstate or foreign mileage

28  traveled by the carrier's motor vehicles which were used in

29  interstate or foreign commerce and which had at least some

30  Florida mileage during the previous fiscal year of the

31  carrier. Such ratio is to be determined at the close of the

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  1  carrier's fiscal year. This ratio shall be applied each month

  2  to the total purchases of such motor vehicles and parts

  3  thereof which are used in this state to establish that portion

  4  of the total used and consumed in intrastate movement and

  5  subject to tax under this chapter. The basis for imposition of

  6  any discretionary surtax is set forth in s. 212.054. Motor

  7  vehicles which are engaged in interstate commerce, and parts

  8  thereof, used to transport persons or property in interstate

  9  and foreign commerce are hereby determined to be susceptible

10  to a distinct and separate classification for taxation under

11  the provisions of this chapter. Motor vehicles and parts

12  thereof used exclusively in intrastate commerce do not qualify

13  for the proration of tax.  For purposes of this paragraph,

14  parts of a motor vehicle engaged in interstate commerce

15  include a separate tank not connected to the fuel supply

16  system of the motor vehicle into which diesel fuel is placed

17  to operate a refrigeration unit or other equipment.

18         (8)(10)  PARTIAL EXEMPTION; MOTOR VEHICLE SOLD TO

19  RESIDENT OF ANOTHER STATE.--The tax collected on the sale of a

20  new or used motor vehicle in this state to a resident of

21  another state shall be an amount equal to the sales tax which

22  would be imposed on such sale under the laws of the state of

23  which the purchaser is a resident, except that such tax shall

24  not exceed the tax that would otherwise be imposed under this

25  chapter.  At the time of the sale, the purchaser shall execute

26  a notarized statement of his or her intent to license the

27  vehicle in the state of which the purchaser is a resident

28  within 45 days of the sale and of the fact of the payment to

29  the State of Florida of a sales tax in an amount equivalent to

30  the sales tax of his or her state of residence and shall

31  submit the statement to the appropriate sales tax collection

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  1  agency in his or her state of residence. Nothing in this

  2  subsection shall be construed to require the removal of the

  3  vehicle from this state following the filing of an intent to

  4  license the vehicle in the purchaser's home state if the

  5  purchaser licenses the vehicle in his or her home state within

  6  45 days after the date of sale. Nothing herein shall require

  7  the payment of tax to the State of Florida for assessments

  8  made prior to July 1, 2001, if the tax imposed by this section

  9  has been paid to the state in which the vehicle was licensed

10  and the department has assessed a like amount of tax on the

11  same transactions. This provision shall apply retroactively to

12  assessments that have been protested prior to August 1, 1999,

13  and have not been paid on the date this act takes effect.

14         (9)(11)  PARTIAL EXEMPTION; FLYABLE AIRCRAFT.--

15         (a)  The tax imposed on the sale by a manufacturer of

16  flyable aircraft, who designs such aircraft, which sale may

17  include necessary equipment and modifications placed on such

18  flyable aircraft prior to delivery by the manufacturer, shall

19  be an amount equal to the sales tax which would be imposed on

20  such sale under the laws of the state in which the aircraft

21  will be domiciled.

22         (b)  This partial exemption applies only if the

23  purchaser is a resident of another state who will not use the

24  aircraft in this state, or if the purchaser is a resident of

25  another state and uses the aircraft in interstate or foreign

26  commerce, or if the purchaser is a resident of a foreign

27  country.

28         (c)  The maximum tax collectible under this subsection

29  may not exceed 6 percent of the sales price of such aircraft.

30  No Florida tax may be imposed on the sale of such aircraft if

31  the state in which the aircraft will be domiciled does not

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  1  allow Florida sales or use tax to be credited against its

  2  sales or use tax.  Furthermore, no tax may be imposed on the

  3  sale of such aircraft if the state in which the aircraft will

  4  be domiciled has enacted a sales and use tax exemption for

  5  flyable aircraft or if the aircraft will be domiciled outside

  6  the United States.

  7         (d)  The purchaser shall execute a sworn affidavit

  8  attesting that he or she is not a resident of this state and

  9  stating where the aircraft will be domiciled.  If the aircraft

10  is subsequently used in this state within 6 months of the time

11  of purchase, in violation of the intent of this subsection,

12  the purchaser shall be liable for payment of the full use tax

13  imposed by this chapter and shall be subject to the penalty

14  imposed by s. 212.12(2), which penalty shall be mandatory.

15  Notwithstanding the provisions of this paragraph, the owner of

16  an aircraft purchased pursuant to this subsection may permit

17  the aircraft to be returned to this state for repairs within 6

18  months after the date of sale without the aircraft being in

19  violation of the law and without incurring liability for

20  payment of tax or penalty on the purchase price of the

21  aircraft, so long as the aircraft is removed from this state

22  within 20 days after the completion of the repairs and such

23  removal can be proven by invoices for fuel, tie-down, or

24  hangar charges issued by out-of-state vendors or suppliers or

25  similar documentation.

26         (10)(12)  PARTIAL EXEMPTION; MASTER TAPES, RECORDS,

27  FILMS, OR VIDEO TAPES.--

28         (a)  There are exempt from the taxes imposed by this

29  chapter the gross receipts from the sale or lease of, and the

30  storage, use, or other consumption in this state of, master

31  tapes or master records embodying sound, or master films or

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  1  master video tapes; except that amounts paid to recording

  2  studios or motion picture or television studios for the

  3  tangible elements of such master tapes, records, films, or

  4  video tapes are taxable as otherwise provided in this chapter.

  5  This exemption will inure to the taxpayer upon presentation of

  6  the certificate of exemption issued to the taxpayer under the

  7  provisions of s. 288.1258.

  8         (b)  For the purposes of this subsection, the term:

  9         1.  "Amounts paid for the tangible elements" does not

10  include any amounts paid for the copyrightable, artistic, or

11  other intangible elements of such master tapes, records,

12  films, or video tapes, whether designated as royalties or

13  otherwise, including, but not limited to, services rendered in

14  producing, fabricating, processing, or imprinting tangible

15  personal property or any other services or production expenses

16  in connection therewith which may otherwise be construed as

17  constituting a "sale" under s. 212.02.

18         2.  "Master films or master video tapes" means films or

19  video tapes utilized by the motion picture and television

20  production industries in making visual images for

21  reproduction.

22         3.  "Master tapes or master records embodying sound"

23  means tapes, records, and other devices utilized by the

24  recording industry in making recordings embodying sound.

25         4.  "Motion picture or television studio" means a

26  facility in which film or video tape productions or parts of

27  productions are made and which contains the necessary

28  equipment and personnel for this purpose and includes a mobile

29  unit or vehicle that is equipped in much the same manner as a

30  stationary studio and used in the making of film or video tape

31  productions.

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  1         5.  "Recording studio" means a place where, by means of

  2  mechanical or electronic devices, voices, music, or other

  3  sounds are transmitted to tapes, records, or other devices

  4  capable of reproducing sound.

  5         6.  "Recording industry" means any person engaged in an

  6  occupation or business of making recordings embodying sound

  7  for a livelihood or for a profit.

  8         7.  "Motion picture or television production industry"

  9  means any person engaged in an occupation or business for a

10  livelihood or for profit of making visual motion picture or

11  television visual images for showing on screen or television

12  for theatrical, commercial, advertising, or educational

13  purposes.

14         (11)(13)  No transactions shall be exempt from the tax

15  imposed by this chapter except those expressly exempted

16  herein. All laws granting tax exemptions, to the extent they

17  may be inconsistent or in conflict with this chapter,

18  including, but not limited to, the following designated laws,

19  shall yield to and be superseded by the provisions of this

20  subsection:  ss. 125.019, 153.76, 154.2331, 159.15, 159.31,

21  159.50, 159.708, 163.385, 163.395, 215.76, 243.33, 315.11,

22  348.65, 348.762, 349.13, 403.1834, 616.07, and 623.09, and the

23  following Laws of Florida, acts of the year indicated:  s. 31,

24  chapter 30843, 1955; s. 19, chapter 30845, 1955; s. 12,

25  chapter 30927, 1955; s. 8, chapter 31179, 1955; s. 15, chapter

26  31263, 1955; s. 13, chapter 31343, 1955; s. 16, chapter

27  59-1653; s. 13, chapter 59-1356; s. 12, chapter 61-2261; s.

28  19, chapter 61-2754; s. 10, chapter 61-2686; s. 11, chapter

29  63-1643; s. 11, chapter 65-1274; s. 16, chapter 67-1446; and

30  s. 10, chapter 67-1681. This subsection does not supersede the

31

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  1  authority of a local government to adopt financial and local

  2  government incentives pursuant to s. 163.2517.

  3         (12)(14)  TECHNICAL ASSISTANCE ADVISORY COMMITTEE.--The

  4  department shall establish a technical assistance advisory

  5  committee with public and private sector members, including

  6  representatives of both manufacturers and retailers, to advise

  7  the Department of Revenue and the Department of Health in

  8  determining the taxability of specific products and product

  9  lines pursuant to subsection (1) and paragraph (2)(a).  In

10  determining taxability and in preparing a list of specific

11  products and product lines that are or are not taxable, the

12  committee shall not be subject to the provisions of chapter

13  120. Private sector members shall not be compensated for

14  serving on the committee.

15         (13)(15)  ELECTRICAL ENERGY USED IN AN ENTERPRISE

16  ZONE.--

17         (a)  Beginning July 1, 1995, charges for electrical

18  energy used by a qualified business at a fixed location in an

19  enterprise zone in a municipality which has enacted an

20  ordinance pursuant to s. 166.231(8) which provides for

21  exemption of municipal utility taxes on such businesses or in

22  an enterprise zone jointly authorized by a county and a

23  municipality which has enacted an ordinance pursuant to s.

24  166.231(8) which provides for exemption of municipal utility

25  taxes on such businesses shall receive an exemption equal to

26  50 percent of the tax imposed by this chapter, or, if no less

27  than 20 percent of the employees of the business are residents

28  of an enterprise zone, excluding temporary and part-time

29  employees, the exemption shall be equal to 100 percent of the

30  tax imposed by this chapter. A qualified business may receive

31  such exemption for a period of 5 years from the billing period

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  1  beginning not more than 30 days following notification to the

  2  applicable utility company by the department that an exemption

  3  has been authorized pursuant to this subsection and s.

  4  166.231(8).

  5         (b)  To receive this exemption, a business must file an

  6  application, with the enterprise zone development agency

  7  having jurisdiction over the enterprise zone where the

  8  business is located, on a form provided by the department for

  9  the purposes of this subsection and s. 166.231(8). The

10  application shall be made under oath and shall include:

11         1.  The name and location of the business.

12         2.  The identifying number assigned pursuant to s.

13  290.0065 to the enterprise zone in which the business is

14  located.

15         3.  The date on which electrical service is to be first

16  initiated to the business.

17         4.  The name and mailing address of the entity from

18  which electrical energy is to be purchased.

19         5.  The date of the application.

20         6.  The name of the city in which the business is

21  located.

22         7.  If applicable, the name and address of each

23  permanent employee of the business including, for each

24  employee who is a resident of an enterprise zone, the

25  identifying number assigned pursuant to s. 290.0065 to the

26  enterprise zone in which the employee resides.

27         8.  Whether the business is a small business as defined

28  by s. 288.703(1).

29         (c)  Within 10 working days after receipt of an

30  application, the enterprise zone development agency shall

31  review the application to determine if it contains all

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  1  information required pursuant to paragraph (b) and meets the

  2  criteria set out in this subsection. The agency shall certify

  3  all applications that contain the information required

  4  pursuant to paragraph (b) and meet the criteria set out in

  5  this subsection as eligible to receive an exemption. If

  6  applicable, the agency shall also certify if 20 percent of the

  7  employees of the business are residents of an enterprise zone,

  8  excluding temporary and part-time employees. The certification

  9  shall be in writing, and a copy of the certification shall be

10  transmitted to the executive director of the Department of

11  Revenue. The applicant shall be responsible for forwarding a

12  certified application to the department within 6 months after

13  the occurrence of the appropriate qualifying provision set out

14  in paragraph (f).

15         (d)  If, in a subsequent audit conducted by the

16  department, it is determined that the business did not meet

17  the criteria mandated in this subsection, the amount of taxes

18  exempted shall immediately be due and payable to the

19  department by the business, together with the appropriate

20  interest and penalty, computed from the due date of each bill

21  for the electrical energy purchased as exempt under this

22  subsection, in the manner prescribed by this chapter.

23         (e)  The department shall adopt rules governing

24  applications for, issuance of, and the form of applications

25  for the exemption authorized in this subsection and provisions

26  for recapture of taxes exempted under this subsection, and the

27  department may establish guidelines as to qualifications for

28  exemption.

29         (f)  For the purpose of the exemption provided in this

30  subsection, the term "qualified business" means a business

31  which is:

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  1         1.  First occupying a new structure to which electrical

  2  service, other than that used for construction purposes, has

  3  not been previously provided or furnished;

  4         2.  Newly occupying an existing, remodeled, renovated,

  5  or rehabilitated structure to which electrical service, other

  6  than that used for remodeling, renovation, or rehabilitation

  7  of the structure, has not been provided or furnished in the

  8  three preceding billing periods; or

  9         3.  Occupying a new, remodeled, rebuilt, renovated, or

10  rehabilitated structure for which a refund has been granted

11  pursuant to paragraph (5)(g).

12         (g)  This subsection shall expire and be void on

13  December 31, 2005, except that:

14         1.  Paragraph (d) shall not expire; and

15         2.  Any qualified business which has been granted an

16  exemption under this subsection prior to that date shall be

17  allowed the full benefit of this exemption as if this

18  subsection had not expired on that date.

19         (14)(16)  EXEMPTIONS; SPACE ACTIVITIES.--

20         (a)  There shall be exempt from the tax imposed by this

21  chapter:

22         1.  The sale, lease, use, storage, consumption, or

23  distribution in this state of any orbital space facility,

24  space propulsion system, or space vehicle, satellite, or

25  station of any kind possessing space flight capacity,

26  including the components thereof.

27         2.  The sale, lease, use, storage, consumption, or

28  distribution in this state of tangible personal property

29  placed on or used aboard any orbital space facility, space

30  propulsion system, or space vehicle, satellite, or station of

31  any kind, irrespective of whether such tangible personal

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  1  property is returned to this state for subsequent use,

  2  storage, or consumption in any manner. This exemption is not

  3  affected by the failure of a launch to occur, or the

  4  destruction of a launch vehicle or any components thereof.

  5         (b)  This subsection shall be strictly construed and

  6  enforced.

  7         (15)(17)  EXEMPTIONS; CERTAIN GOVERNMENT CONTRACTORS.--

  8         (a)  Subject to paragraph (d), the tax imposed by this

  9  chapter does not apply to the sale to or use by a government

10  contractor of overhead materials. The term "government

11  contractor" includes prime contractors and subcontractors.

12         (b)  As used in this subsection, the term "overhead

13  materials" means all tangible personal property, other than

14  qualifying property as defined in s. 212.02(14)(a) and

15  electricity, which is used or consumed in the performance of a

16  qualifying contract, title to which property vests in or

17  passes to the government under the contract.

18         (c)  As used in this subsection and in s.

19  212.02(14)(a), the term "qualifying contract" means a contract

20  with the United States Department of Defense or the National

21  Aeronautics and Space Administration, or a subcontract

22  thereunder, but does not include a contract or subcontract for

23  the repair, alteration, improvement, or construction of real

24  property, except to the extent that purchases under such a

25  contract would otherwise be exempt from the tax imposed by

26  this chapter.

27         (d)  The exemption provided in this subsection applies

28  as follows:

29         1.  Beginning July 1, 2000, the tax imposed by this

30  chapter shall be applicable to 60 percent of the sales price

31  or cost price of such overhead materials.

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  1         2.  Beginning July 1, 2001, the tax imposed by this

  2  chapter shall be applicable to 40 percent of the sales price

  3  or cost price of such overhead materials.

  4         3.  Beginning July 1, 2002, the tax imposed by this

  5  chapter shall be applicable to 20 percent of the sales price

  6  or cost price of such overhead materials.

  7         4.  Beginning July 1, 2003, the entire sales price or

  8  cost price of such overhead materials is exempt from the tax

  9  imposed by this chapter.

10

11  The exemption provided in this subsection does not apply to

12  any part of the cost of overhead materials allocated to a

13  contract that is not a qualifying contract.

14         (e)  Possession by a seller of a resale certificate or

15  direct-pay permit relieves the seller from the responsibility

16  of collecting the tax, and the department shall look solely to

17  the contractor for recovery of such tax if it determines that

18  the contractor was not entitled to the exemption. The

19  contractor shall self-accrue and remit any applicable sales or

20  use tax due with respect to overhead materials and with

21  respect to costs allocable to contracts that are not

22  qualifying contracts. The department may amend its rules to

23  reflect the use of resale certificates and direct-pay permits

24  with respect to the exemption provided for in this subsection.

25         (f)  This subsection is not an expression of

26  legislative intent as to the applicability of any tax to any

27  sale or use of overhead materials prior to July 1, 1999. In

28  addition, this subsection does not imply that transactions or

29  costs that are not described in this subsection are taxable.

30         Section 16.  Effective July 1, 2004, section 212.0801,

31  Florida Statutes, is created to read:

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  1         212.0801  Sales and use tax on services; specified

  2  exemptions.--

  3         (1)  There shall be exempt from the tax imposed by this

  4  chapter the following services:

  5         (a)  Services by general physicians (SIC Industry Group

  6  Number 801)

  7         (b)  Services by dentists (SIC Industry Group Number

  8  802)

  9         (c)  Services by osteopathic physicians (SIC Industry

10  Group Number 803)

11         (d)  Services by chiropractors, optometrists and other

12  health practitioners (SIC Industry Group Number 804)

13         (e)  Nursing and personal care facilities services (SIC

14  Industry Group Number 805)

15         (f)  Hospital services (SIC Industry Group Number 806)

16         (g)  Medical and dental laboratory services (SIC

17  Industry Group Number 807)

18         (h)  Outpatient care facility services (SIC Industry

19  Group Number 808)

20         (i)  Other health and allied services (SIC Industry

21  Group Number 809)

22         (j)  Agricultural services (SIC Major Group Number 07)

23         (k)  Forestry services (SIC Industry Number 0851)

24         (l)  Services by real estate agents (SIC Industry Group

25  Number 653)

26         (m)  Insurance agents and brokers services (SIC Major

27  Group Number 64)

28         (n)  Services between members of an affiliated group of

29  corporations as defined in s. 212.02.

30         (o)  Money lending by banks (SIC Major Group Number 60)

31

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  1         (p)  Money lending by nonbank financial institutions

  2  (SIC Major Group Number 61)

  3         (q)  Security and commodity brokers services (SIC Major

  4  Group Number 62)

  5         (r)  Services by insurance carriers (SIC Major Group

  6  Number 63)

  7         (s)  Publishing and printing - newspaper, periodical

  8  and miscellaneous advertising (SIC Industry Group Numbers

  9  271-274)

10         (t)  Radio and television broadcasting - advertising

11  (SIC Industry Group Number 483)

12         (u)  Satellite up-link, down-link, and miscellaneous

13  communications services (SIC Industry Group Numbers 481-484)

14         (v)  Newspaper delivery by independent carriers (SIC

15  Industry Number 5963)

16         (w)  Services by advertising agencies and advertising

17  representatives (SIC Industry Numbers 7311 and 7313)

18         (x)  News and feature syndicates (SIC Industry Number

19  7383)

20         (y)  Sewage and garbage collection services and utility

21  hook-ups (SIC Major Group Number 49)

22         (z)  Services by educational institutions (SIC Major

23  Group Number 82)

24         (aa)  Social services (SIC Major Group Number 83)

25         (bb)  Government enterprise activity service fees (SIC

26  Industry Group Number 919)

27         (cc)  Local and suburban bus transportation services

28  (SIC Industry Group Number 411)

29         (dd)  Employee leasing services (SIC Industry Number

30  7363)

31

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  1         (ee)  Legal services rendered by an attorney to a

  2  client to the extent that the right to counsel guaranteed

  3  pursuant to either the Sixth Amendment to the United States

  4  Constitution or s. 16 of Art. I of the State Constitution is

  5  applicable to such legal services. However, this exemption

  6  applies only if the criminal charges brought in the case are

  7  dismissed or the client is ultimately adjudicated not guilty

  8  by a court of competent jurisdiction. This exemption shall be

  9  granted only pursuant to a refund of taxes previously paid on

10  such services.

11         (2)  As used in this section, the term "SIC" means

12  those classifications contained in the Standard Industrial

13  Classification Manual, 1987, as published by the Office of

14  Management and Budget, Executive Office of the President.

15         Section 17.  Effective July 1, 2004, section 212.0821,

16  Florida Statutes, is reenacted to read:

17         212.0821  Legislative intent that political

18  subdivisions and public libraries use their sales tax

19  exemption certificates for purchases on behalf of specified

20  groups.--It is the intent of the Legislature that the

21  political subdivisions of the state and the public libraries

22  utilize their sales tax exemption certificates to purchase,

23  with funds provided by the following groups, services,

24  equipment, supplies, and items necessary for the operation of

25  such groups, in addition to the normal exempt purchases that

26  political subdivisions and libraries are empowered to make:

27         (1)  School districts shall purchase necessary goods

28  and services requested by parent-teacher organizations.

29         (2)  Counties and municipalities shall purchase

30  necessary goods and services requested by REACT groups,

31  neighborhood crime watch groups, and state or locally

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  1  recognized organizations solely engaged in youth activities

  2  identical to those discussed in s. 212.08(7)(l).

  3         (3)  Public libraries shall purchase necessary goods

  4  and services requested by groups solely engaged in fundraising

  5  activities for such libraries.

  6         Section 18.  Effective July 1, 2004, section 212.09,

  7  Florida Statutes, is reenacted to read:

  8         212.09  Trade-ins deducted.--

  9         (1)  Where used articles, accepted and intended for

10  resale, are taken in trade, or a series of trades, as a credit

11  or part payment on the sale of new articles, the tax levied by

12  this chapter shall be paid on the sales price of the new

13  article, less the credit for the used article taken in trade.

14         (2)  Where used articles, accepted and intended for

15  resale, are taken in trade, or a series of trades, as a credit

16  or part payment on the sale of used articles, the tax levied

17  by this chapter shall be paid on the sales price of the used

18  article less the credit for the used article taken in trade.

19         (3)  A person who is not registered with the department

20  as a seller of aircraft, boats, mobile homes, or vehicles who

21  is selling an aircraft, boat, mobile home, or vehicle and who

22  takes in trade an item other than an aircraft, boat, mobile

23  home, or vehicle may not use the item as a credit against

24  sales price.

25         Section 19.  Effective July 1, 2004, subsection (1) of

26  section 376.75, Florida Statutes, is reenacted to read:

27         376.75  Tax on production or importation of

28  perchloroethylene.--

29         (1)  Beginning October 1, 1994, a tax of $5 per gallon

30  is levied on the sale of perchloroethylene

31  (tetrachloroethylene) in this state to a drycleaning facility

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  1  located in this state or the import of perchloroethylene into

  2  this state by a drycleaning facility. This tax is not subject

  3  to sales and use tax pursuant to chapter 212.

  4         Section 20.  As an additional assurance to holders of

  5  bonds issued by local governments and secured by state-shared

  6  or local-option revenues currently outstanding or issued prior

  7  to the effective date of this act which may be impacted by

  8  Section 19 of Article VII of the State Constitution as created

  9  by Committee Substitute for Senate Joint Resolution 938, it is

10  the intent of the Legislature, to the extent that Committee

11  Substitute for Senate Joint Resolution 938 results in an

12  inability of a local government to pay debt service on such

13  bonds, to provide alternative funding sources in an amount

14  sufficient to pay any deficit in the amount required for such

15  debt service. It is further the intent of the Legislature to

16  provide general-law authorization for local governments to use

17  local-option taxes in a manner necessary to implement the

18  revenue-neutrality provisions required in Committee Substitute

19  for Senate Joint Resolution 938. It is also the intent of the

20  Legislature to hold local governments harmless from impacts

21  that could occur due to unequal county-by-county base

22  expansion with respect to distributions of the Local

23  Government Half-cent Program and the County Revenue Sharing

24  Program as a result of the adoption of the constitutional

25  amendment proposed by Committee Substitute for Senate Joint

26  Resolution 938.

27         Section 21.  Effective July 1, 2005, sections 395.701

28  and 395.7015 are repealed.

29         Section 22.  It is the intent of the Legislature that

30  the purpose of this act is to prescribe the rates of and the

31  exemptions from the general state sales and use tax which are

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  1  to be effective July 1, 2004, in conformity with the

  2  provisions of Committee Substitute for Senate Joint Resolution

  3  938. The exemptions prescribed in this act, whether created or

  4  reenacted, are to constitute the exemptions permissible under

  5  Section 19(a)(2)c. of Article VII of the State Constitution,

  6  as created by Committee Substitute for Senate Joint Resolution

  7  938.

  8         Section 23.  This act shall take effect July 1, 2004,

  9  but shall not take effect unless the amendment to the State

10  Constitution proposed by Committee Substitute for Senate Joint

11  Resolution 938 is approved by vote of the electors in the

12  general election held in November of 2002.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1106

  3

  4  The Committee Substitute for SB 1106 made the following
    changes to SB 1106:
  5
    1)    If CS for SJR 938 is approved by vote of the electors in
  6        the general election held in November 2002, the bill
          will implement the tax reform provisions of the SJR.
  7        Effective July 1, 2004, the bill reinstates various
          existing sales and use tax exemptions on goods and
  8        services and subjects various services to the 4.5
          percent sales tax. In addition to maintaining the
  9        exemptions on groceries, health services, prescription
          drugs, and residential rent, as constitutionally
10        required by CS for SJR 938, the bill maintains the
          following major statutory exemptions:
11
         a)     Purchases of residential electricity and heating
12              fuels

13       b)     Water

14       c)     Fuel purchased by public and private utilities

15       d)     Sewage and garbage collection services

16       e)     Tuition charges and charges for school lunches and
                school books
17
         f)     Automobile trade-ins
18
         g)     Sale of religious items and sales or leases to
19              churches

20       h)     Non-profit homes for the aged

21       i)     Section 501(c)(3) charitable organizations

22       j)     Sale for resale of tangible personal property

23       k)     Items manufactured for export

24       l)     Agriculture and forestry services and purchases of
                agricultural items
25
         m)     Electricity used for manufacturing
26
         n)     Space and defense machinery and equipment
27
         o)     Eye glasses, non-prescription drugs, medical
28              supplies, charges for hospital meals and rooms,
                and health insurance premiums
29
         p)     Money lending by banks
30
         q)     Insurance premiums
31
         r)     Real estate agent fees
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    Florida Senate - 2002                           CS for SB 1106
    314-1737A-02




  1       s)     Insurance agents and brokers services

  2       t)     Publishing and printing advertising

  3       u)     Radio and television broadcasting advertising

  4       v)     Services by advertising agencies

  5       w)     Services by educational institutions

  6       x)     Social services

  7       y)     Employee leasing services

  8       z)     Legal services rendered by an attorney to a client
                in a criminal case if the criminal charges are
  9              dismissed or the client is adjudicated not guilty

10  2)    For statutory exemptions not reinstated, a sales tax
          rate of 4.5 percent is imposed effective July 1, 2004.
11
    3)    The bill keeps the current sales tax rate of 6 percent
12        on admissions, transient rentals, and charges for rental
          car leases.
13
    4)    The bill provides for the taxation of certain
14        construction services at the rate of 1.5 percent.

15  5)    The bill repeals, effective July 1, 2005, the health
          care assessments found in ss. 395.701 and 395.7015, F.S.
16
    6)    The bill provides assurance to holders of bonds issued
17        by local governments and secured by state-shared or
          local option revenues currently outstanding or issued
18        prior to July 1, 2004, which may be impacted by the
          passage of CS for SJR 938, that if the passage of the
19        constitutional amendment results in the inability of the
          local government to pay debt service on such bonds, that
20        it is the intent of the legislature to provide
          alternative funding sources.
21

22

23

24

25

26

27

28

29

30

31

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